CIV.APP.NO.10/98.

IN THE COURT OF APPEAL OF SIERRA LEONE

BETWEEN

MUSA K. SUMA )

FODAY ABDULAI SHERIFF)

AHMED LABI ) -APPELLANTS/DEFENDANTS

NATIONALMOTORS LIMITED)

AND CARAM:

HON. MR JUSTICE N.D.ALAHDI                            -J.A.

HON. MR.JUSTICE M.E.TOLLA THOMPSON       J.A

HON. MR.JUSTICE F.C GBOW

WRIGHT &CO.,Counsel for the                                  Appellants

BERTHAN MACAULAY MNR., COUNSEL FOR RESPONDNET

JUDGEMENT DELIVERED ON 15TH DAY OF MAY,2000

GBOW J.A.                                                                                                                       

I have had the priviledge of reading the Judgement so power I should only like to make a few abservations as follows:

1.The Learnead Trial Judge in granting the injunctions the dispute between the parties.

2.The Learned Trial Judge focused his attention on the defence and counterclaim filed by the Defendant/Appellants which to my mind was permature at the time        the Notice of Motion was being heard by him

3. The Learned Trail Judge ignored the rights of Third Parties whose goods were in the bonded warehouse which was in the joint control of the Defendants/Appellants and the Department of Excise and Customs.

It has been argued by Learned Counsel for the Plaintiff/Respondent that you do not have xxxxxxx xxxx

2

can be granted an injunction. This is so , but you must show some right of possession or occupation..

The history of this pass started in 1957 when the Government granted a lease of the disputed property to The Gold Coast Properties Limited for a term of 99 years which should expire in the year 2056. The lease was assigned to U.A.C. Limited by Gold Coast Property in 1970 for the unexpired portion of the said lease...                                                                           

U.A.G. Limited in turn assigned to the National Motors Limited the unexpired portion of the lease in 1983. There is affidavit-evidence before us that Nationa Motors Limited, the 1st Defen-dant8/Appellant3 was in undisturbed peaceful and unchallenged occupation of the said property from 19.83. until 1992 when the then Secretary of State, for lousing Land and the Environment out of the blues wrote a letter to the Defendants/Appellants informing them that the property had been leased to the Plaintiff/Respondent and that they Defendants/Appellants should give up possession of the land to the Plaintiff/Respondent.

When the Defendants/Appellants refused to vacate, a truck load of Armed N.P.R.C. Soldiers swooped on the Defendants and, forcefully and illegally evicted them and installed the Plaintiff/ Respondents. That was in 1993 eight months before the plaintiffs infact acquired the so-called conveyance, dated 8th of November

1993.                                                           

There is evidence that a number of court. actions were initiated by the Defendants/Appellants against the Plaintiffs/ Respondents but these court proceedings were never concluded because Ibrahim Bazzy & Sons would indicate that they were no longer contending the issue.

Paragraph 6 of the affidavit of Musa Kalil Suma, 1st Defendants/Appellants states:

"that since the forceful eviction I spoke with Mr. Ibrahim Bazsy on at least two occassions. immediately after the introduction of demo cratic rule in 1998 and Mr. Bazzy indicated

3

that they recognised our legal right to the property and asked that we settle fee issue amicably without any further court action or publicity adding that he was willing to negotiate the. handing back of the premises to National Motors Limited." Not only the Defendants/Appellants had initiate action against the plaintiffs/respondents which was aborted by the plaintiffs/ respondents but the plaintiffs/respondents themselves brought an action against the defendants in 1992V

During the course of the trial the plaintiffs/respondents Ibrahim Bazzy and Sons sought leave of the court to discontinue the. matter and offered to pay the full costs of the defendants/ respondents.

Paragraph 10 of the affidavit of Ahmed Labi 3rd Defendants/Appellants avers that "in the course of the hearing of the matter C.C. 691/92 1992 B. NO. 9 referred to in Paragraph 9 above, Mr. Ibrahim Bazzy admitted that he knew that the National Motors Limited the , 4th Defendants/Respondents herein were in law- . ful possession of the said premises but that he went all out to obtain a lease of the very premises from Government. In a letter dated 17th March 1993 addressed to the then Secretary of State Lands Housing and the Environment,' Solicitors for National Motors Limited the.4th Defendants/Respondents herein clearly referred to the said admission made by Mr. Ibrahim Bazzy. A photostat copy of the said letter is now shown to me exhibited and marked Exh "AL7" At Paragraph 15 the deponent states " That as a result of overtures made by Ibrahim Bassy and Sons suggesting . that they were no longer interested in challenging

4

our rights of occupation of the said premises the matter C.C, 750/92 No.27 was eventually adjourned sine die".                                               

Having carefully considered the affidavit evidence before this court the appeal ought to be upheld.. In my view the plaintiffs/ Respondent had not made a full and frank disclosure to the High Court, nor had they gone to that court with clean hands as equity demands he comes to equity must come with clean hands.

Sgd) Hon.Mr Justice F.C.Gbow-