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9. The Superior Court of Judicature

Supreme Court, Court of Appeal and High Court

Posted By lanbuk.com

In simple terms

Section 120(4) of the 1991 Constitution makes the Superior Court of Judicature the Supreme Court, the Court of Appeal and the High Court. Their composition and are fixed by the Constitution itself.

The Supreme Court

Composition: Under section 121 it consists of the Chief Justice and not less than four other Justices. Judges from other similar common law systems may be asked to sit, but never more than the Justices sitting. It is properly constituted by at least three Justices.

Appellate jurisdiction: It is the final court of appeal (s.122(1)). Appeals lie to it from the Court of Appeal as of right in some cases and otherwise with leave (s.123).

Original jurisdiction: Under section 124 it has exclusive original jurisdiction over the enforcement or interpretation of the Constitution and over whether an enactment was made in excess of power. Other courts must refer such questions to it.

Supervisory jurisdiction: Under section 125 it supervises all other courts and adjudicating authorities and may issue , , and prohibition.

The Court of Appeal

Composition: Under section 128 it consists of the Chief Justice and not less than seven Justices of Appeal, and sits as a bench of three.

Jurisdiction: It hears appeals from the High Court in civil and criminal matters (s.129).

The High Court

Composition: Under section 131 it consists of the Chief Justice and not less than nine High Court Judges. It sits as a single judge, or a judge with a jury.

Jurisdiction: It has original jurisdiction in civil and criminal matters, appellate jurisdiction over inferior courts, and supervisory jurisdiction over inferior courts and tribunals (ss.132 to 134).

Divisions: The Chief Justice organises the High Court into divisions. They include the Commercial and Admiralty Division (the Fast Track Commercial Court, set up in 2010), the Land, Property and Environment Division, the Family and Division, and divisions for criminal, anti-corruption and sexual offences cases.

Written decisions

Three months: Section 120 requires every court established under the Constitution to deliver its decision in writing within three months after the end of the evidence and final addresses or arguments.

Words and Latin in this note

Habeas corpus
An order requiring a person who holds someone in custody to bring them before the court, so the court can decide whether the detention is lawful. Open the note.
Certiorari
An order of a superior court that brings up the decision of a lower court or public body so it can be checked and, if it was unlawful, set aside. Open the note.
Mandamus
An order of a superior court telling a public officer or body to carry out a duty the law requires of them. Open the note.

Memory map

The Superior Court of Judicature

The Supreme Court

  • Composition
  • Appellate jurisdiction
  • Original jurisdiction
  • Supervisory jurisdiction

The Court of Appeal

  • Composition
  • Jurisdiction

The High Court

  • Composition
  • Jurisdiction
  • Divisions

Key points

  • The superior courts are the Supreme Court, the…
  • Supreme Court
  • Court of Appeal
  • High Court

Cases

  • All People's Congress v NASMOS &…
  • Sam-Sumana v Attorney-General &…

Key terms

  • Certiorari
  • Habeas corpus
  • Mandamus
  • Probate

Take-home points

  • The superior courts are the Supreme Court, the Court of Appeal and the High Court (s.120(4)).
  • Supreme Court: Chief Justice plus at least four Justices; final appeal, original constitutional jurisdiction and supervision (ss.121 to 125).
  • Court of Appeal: Chief Justice plus at least seven Justices of Appeal, sitting as three (s.128).
  • High Court: Chief Justice plus at least nine judges; original, appellate and supervisory jurisdiction (ss.131 to 134).
  • Decisions must be given in writing within three months (s.120).

Cases in this topic

Related case law

Full judgments on Lanbuk on the same areas of law.

See also

Other law notes by subject

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.

Cite this page

'The Superior Court of Judicature, Lanbuk on Sierra Leone Legal System' (Lanbuk) <https://www.lanbuk.com/llb/sierra-leone-legal-system/superior-courts> accessed 31 October 2026

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