CIV. APP 80/95

IN THE COURT OF APPEAL FOR SIERRA LEONE

(PROBATE JURISDICTION)

IN THE MATTER OF THE ADMINISTATION OF THE ESTATE OF FLORENCE ROGERS (DECEASED) TESTATE

AND

IN THE MATTER OF AN APPLICATION UNDER ORDER XIV OF THE HIGH COURT RULES.

BETWEEN:

BETSY ROGERS PARKINSON

ELAINE PRATT

CYNTHIA DAVIES (MAUD ROBINSON)

- PLANTIFFS/APPLICANTS

AND

CLARENCE ROBINSON                              - 1st DEFENDANT

DESMOND ROBINSON                              -2nd DEFENDANT

JACQULINE CAREW                                    -3rd DEFENDANT

GEORGE ADEKUNLE ROBINSON             4TH DEFENDANT

AND ISHI.KA DEEN SESAY —INTERVENER.

CORAM: HON MR. .JUSTICE M. E. T. THOMPSON                     J.A.

PRESIDING HON. MR. JUSTICE A. N. B. STRONGE                    J.A.

HON JUSTICE P. E. MACAULEY                                                    J. A.

RULING DELIVERED THIS 24TH DAY OF SEPTEMBER, 2002. A.N. BAN KOLE STRONGE J.A.

On the 13th day of February, 2002, this court granted a stay of execution of the Judgment of the High Court dated the 14th day of February, 1 995 and of the Court Order dated the 5th October, 1995 on the terms INTER ALIA:-

That the first application herein, Betsy Rogers Parkinson submits a statement of Account of all rents collected and disbursement made in respect of Premises Nos. 29,29A and 29B Sanders Street, Freetown, in the Western Area of the Republic of Sierra Leone as from the 31st day of October, 1995 to the Solicitor of the Interested party within fifteen (15) days of this ruling with liberty to the interested Party to surcharge and falsify.

2

At the commencement of proceedings this morning, Tuesday, 24th September, 2002 and on the request of the Court, Mr. Berthan Macauley, Jnr. Showed to the Court a letter from Mr. Serry-Kamal dated 25th February, 2002 with attachment. This letter reads in the material portion.

"I am forwarding the Account prepared by our Client, Mrs. Betsy Rogers Parkinson. Our Client has paid about Le680,000/00 into Court." With respect to Mr. Serry-Kamal, the said attachment to his letter cannot be said to be a statement of Account as required in the Order of Court earlier referred to. In effect therefore the first applicant has not complied with the terms of the Order for a stay of Execution. This Court therefore orders that the Order of the Court dated 13th February,2002 be vacated and it is so vacated. The Appeal is adjourned 8th October,2002.

M. E. T. THOMPSON                        - J.A.

PRESIDING A.N. B. STRONGE        - J.A.

P. E. MACAULEY                              - J.A.