LEWIS AND PEAT (PRODUCE LTD) V PELLIZZARI MISC. APP. 30/2000
The obtained a judgment against the three (garnishees) in England and sought to enforce it in Sierra Leone by filing an originating + an and then proceeded to execute a of fifa which the (3rd) defendant sought a in the Court of Appeal and the Court unanimously agreed to the decision of M.E.T Thompson J.A that the original judgment was not final and granted the stay that the motion of the (3rd) defendant be heard in the High Court.
ADRAIN FISHER V GENERAL LEGAL COUNCIL OF SIERRA LEONE MISC.APP.503/2015
The practiced law for 3 years in U.K before being appointed a Magistrate in Sierra Leone but resigned pending a case against him which was quashed in the Court of Appeal. He applied for an exemption to practice law but was rejected on the grounds that the U.K does not have reciprocity for Sierra Leonean Lawyers. The applicant contended that the defendant was not properly constituted as one member was no longer qualified (had appointed to the bench, thus not qualified to be on the council) but was part of the decision and there was no record on the vote for him to be exempted.
A. Showers J.S.C stated that “the function of the Court here is to examine the decision making process to ensure that the applicant had been given fair hearing” and not to serve as an appeals court but to ensure that the council followed its own procedure. The court held that this was a proper case for and ordered inter alia that council to reconsider the application of the applicant.
ALL PEOPLES CONGRESS AND OTHERS V SPEAKER OF PARLIAMENT AND OTHERS CIV.APP NO.13/2000 The applicants were members of parliament and were expelled for absenteeism, they sought leave (under the 1960 rules) to apply for judicial review but were refused and applied to the court of appeal for leave to be granted. They contended that the ad hoc committee; (1) was not properly constituted (2) breached the principles of as they were deprived of a fair hearing. (3) had no power to investigate the matter; and (4) they acted in breach of the lome peace accord (international treaty)
The High Court held that it lacked to review parliament’s decision as it was not an inferior court or tribunal to the High Court. Hon. Bankole Stronge JA in setting aside the order of the High Court held that parliament was an adjudicating authority for the purpose of deciding whether its members could be expelled, thus was subject to the High Court. He granted the Order for and quasi the decision of the speaker of parliament t until the determination of the matter in the High Court.
SIERRA LEONE OXYGEN FACTORY LIMITED V PYNE BAILEY CC. APP No. 1 of 1973
Breach of Contract – Wrongful detention of Goods – Setting aside of - P claimed damages for breach and contract and wrongful detention of goods against D. Judgment in default of appearance was entered on behalf of the plaintiff and he proceeded to issue a writ of fieri facias to enforce. However the sum was unliquidated and was not assessed before the Master signed and the amount to be enforced for was not determined. D entered an appearance and proceeded to set aside the judgment on ground of irregularity, the High Court set the default order on the grounds of and the Court of Appeal upheld the decision of the High Court.
N.E BROWNE MARKE JSC in a unanimous decision of the Supreme Court held that though enforcing a default judgment for unliquidated amount was in non compliance with the Rules it did not amount to a nullity and that the Court could treat it as an irregularity and reversed the judgment of the Court of Appeal, allowing the judgment to stand.
Cases cited
Lawrie v Lees 7 App cas at 34 Attoh – Quarshie v Okpote 1973 1 G.L Anlady v Praetorius 1888 20 QBD 764 CA Re Pricthard (deceased) 1963 2 WLR Re St. Nazaire Company CA 1899 12 Ch D 88 Evans v Bartlam 1937 ALL ER 646 Craig v Kenseen 1943 ALL ER Paterson v Wellington Free Kindergarteen Association Inc 1966 N.Z.L.R Muir v Jenks 1913 2 KB 412 CA Hughes v Justin 1894 I QB 667 Hamp – Adams v Hall 1911 2 KB 942 Legislations Courts Act 31 of 1965 High Courts Rules 1960