5. Sources of Sierra Leone law

Section 170

The list: Under section 170(1) the laws of Sierra Leone comprise the Constitution, laws made by or under the authority of Parliament, orders, rules, regulations and other statutory instruments, the existing law, and the common law.

The common law: Section 170(2) provides that the common law of Sierra Leone comprises the rules of law generally known as the common law, the rules generally known as the doctrines of equity, and the rules of customary law, including those determined by the Superior Court of Judicature.

Customary law: Section 170(3) defines customary law as the rules of law which by custom are applicable to particular communities in Sierra Leone.

Received English law

Courts Act 1965, s.74: The common law, the doctrines of equity and the statutes of general application in force in England on 1 January 1880 apply in Sierra Leone, subject to local legislation and modified to suit local circumstances.

Later English statutes: English Acts passed after 1880 apply only if specifically adopted. This is why, for example, the Offences Against the Person Act 1861 still applies while later English reforms do not.

Equity

Purpose: Equity developed in the English Court of Chancery to soften the rigidity of the common law. Its remedies, such as injunctions and specific performance, are discretionary. Where common law and equity conflict, equity prevails.

Other sources

Judicial precedent: Decisions of the superior courts bind lower courts and help determine customary law.

Persuasive sources: Decisions of other common law courts, textbooks and international instruments may persuade a court but do not bind it.