Jalloh v National Insurance Co. Ltd (SC. Misc. App. No. 2/86) [1986] SLSC 1 (18 March 1986);



The Hon. Mr. Justice C.A. Harding, J.S.C.                   - Presiding

The Hon. Mrs. Justice A.V.A. Awunor- enner              - J.S.C.

The Hon. Mr. Justice S. Beccles Davies                        - J.S.C.

SC. Misc. App. No. 2/86

KADIATU JALLOH                                       - APPLICANT


Gibson Okeke Esq.,                 for Applicant

Mrs. Shanineh Bash-Taqi,         for Respondent

RULING DELIVERED ON THIS 18TH DAY OF MARCH 1986 BECCLES DAVIES. J.S.C.:-The applicant Madam Kadiatu Jalloh seeks leave to issue an Order of Certioreri "to remove into this Honourable Court for the purpose of being quashed an Order or judgment dated the 31st day of January 1986 authorising the National Insurance Company Limited No. 18/20 Walpole Street for possession of No. 14 alpole Street the Matrimonial home of the applicant and THREE OTHERS FIVES of the late Alhaji Abubakar Jalloh of No. 14, Walpole Street." The order or judgment dated 31st January 1986 referred in in the application was made by the High Court.

The power of this Court to issue an order of certioreri is to be fount in Section 105 of The Constitution of Sierra Leone 1978 (ActNo. 12 of 1978). Section 105 provides -

"The Supreme Court shall have supervising jurisdiction over all other Courts in Sierra Leone and over any adjudicating authority; and in exercise of its supervisory jurisdiction: shall have power to issue such directions, orders or writs


or orders in the nature of habeas corpus. certioreri, mandamus or prohibition as it may consider appropriate for the purposes of enforcing or securing the enforcement of its supervisory powers,"

The applicant has involved the provision of Section 103. The Order of Certioreri lies at the instance of an aggrieved party for the purpose of removing the proceedings of the inferior Courts of record or other persons or bodies of persons exercising judicial and quasi-judicial function and determining whether such proceedings shall be quashed, or to quash thorn. It will issue to quash a determination for want or excess of juris-diction, error on the face of the record, breach of the rules of natural justice, or where the determination was procured by fruad, collusion or perjury,

The proceedings which are the subject of this application were commenced and concluded in the High Court. Final judgment was entered for the respondents. Several grounds have been urged in the applicant's statement. The short point to be decided is can an order for certioreri be made quashing the judgments of inferior courts of civil jurisdiction? The answer to that question is No. (See Halsbury's Laws of England 3rd Ed. Vol II at page 130.) Where it is stated that certioreri does not lie to quash the judgments of inferior courts of civil jurisdiction. See also LAWES v HUTCHINSON (1835) 3 DOWL 506 at pp. 508.

In the circumstances the application for leave is refused.

(Hon. Mr. Justice S. Beccles Davies,Js

I agree................(Hon. Mr. Justice C.A. Harding, JSC) P.

(Hon, Mrs, Justicw A.V.A. Awunor-Renner