Lesson 1: Legal Opinion Writing

A set of LLM class notes on academic legal research, built around a practical exercise in writing a legal opinion.

ACADEMIC LEGAL RESEARCH LLM - FBC - FACULTY OF LAW

DATED: 14/03/26

Topic: LEGAL OPINION WRITING..

Scenario.

Metal LLC and American investment Company wants to buy on lease 50 acres of Land within Freetown and Waterloo. 10 acres of land belonging to Kamara, Sankoh and BANGURA Family. Five (5) acres of Agricultural land belonging to the Sillah Family and 10 acres of Land to the Cole family of Freetown. Metal LLC short your legal advice on resold, freehold interest and negotiation of the said Land.

Issues involved in the scenario

Your client qualification of buying or acquiring freehold property in Sierra Leone as foreign Company.

The Law Steps to relax your client's confidence that you're qualify for the job You create trust with the client Steps to establish his company Paying of his Consultation fees Prepare our legal opinion and make it available to your client.

Things to do First in your legal advice opinion

1. Summary of the Fact

2. Summary of your conclusion(in three sentence)

3. Facts in issues (you discussed the detailed of your facts in issue or issue of your report.

Area of presumption on the issues.

4. The law

5. Application of the law on the issues discussed.

6. Detailed conclusion of the issues discussed.

The most important thing about writing legal opinion is confidentiality.

Read the lecturer's book Title " How not to run a Country"

Further analysis below

This problem is basically asking you to identify the legal issues involved when a foreign company wants to acquire or lease land in Sierra Leone, and how a lawyer should respond. The best way to answer it (especially for an exam) is to outline the issues first, then briefly explain them.

Identification of the Main Legal Issues

(a) Title to the Land The first issue is who owns the land and how the title was acquired.

Before any purchase or lease, the lawyer must investigate the root of the title.

Things to verify

Whether the land was inherited family land.

Whether it was purchased or granted previously.

Whether the land is customary land or freehold land.

Whether there are multiple family owners or communal ownership.

In this case

10 acres belong to Kamara, Sankoh and Bangura families.

5 acres and 4 acres belong to the Kila family.

10 acres belong to the Cole family of Freetown.

This means the land is likely family or communal land, so consent of all family representatives is required.

Capacity of the American Business Company to Hold Land

A key issue is whether a foreign company can own land in Sierra Leone.

Under the Non‑Citizens (Interest in Land) Act 1966:

• Non-citizens cannot own freehold land.
• They may only lease land.
• The maximum lease period is 50 years, renewable for another 50 years.

Therefore:

• The company's intention to operate for 150 years cannot be achieved through a single lease.

The best legal structure would be:

• A 50-year lease With options for renewal.

Nature of the Land (Province vs Western Area)

Another important issue is the location of the land.

In Sierra Leone

Western Area – freehold land ownership exists.

Provinces – land is customary land held by families and chiefs.

Relevant law includes:

• Provinces Land Act 1927
• Constitution of Sierra Leone 1991

If the land is in the provinces:

Approval may be required from:

Paramount Chief Local authorities Government authorities Fragmented Ownership of the Land The land is owned by different families, which creates issues such as:

Multiple negotiations Possible boundary disputes Conflicts among family members Consent of family heads and principal members Therefore the company must:

• Negotiate separate agreements with each family.
• Ensure proper documentation.