C.C.87                         2018                                      B.                                                     N0.6

 

IN THE HIGH COURT OF SIERRA LEONE (LAND AND PROPERTY DIVISION)

 

 

BETWEEN:

 

 

MS. MARIE B. BANGURA 2VI SMART LANE

NEW ENGLAND FREETOWN

 

AND

 

MRS. MARIE RAWLINGS KAMARA 2V SMART LANE

FREETOWN.
 

PLAINTIFF

 

 

 

 

 

 

DEFENDANT

 

 

 

 

COUNSEL:

 

 

E. KARGBO ESQ

 

1. LANSANA ESQ

 

DEFENDANT/ APPLICANT PLAINTIFF /RESPONDENT

 

 

 

 

 

 

 

 

 

 

BEFORE THE HONOURABLE MS. JUSTICE F. BINTU ALHADI J. RULING DELIVERED ON THE 3'«OCTOBER 2018

 

C.C.87                                 2018                            B.         NO. 6

 

IN THE HIGH COURT OF SIERRA LEONE (LAND AND PROPERTY DIVISION)

 

 

BETWEEN:

 

 

MS. MARIE 8. BANGURA AND

MRS. MARIE RAWLINGS KAMARA
 

• PLAINTIFF/RESPONDENT

 

 

 

• DEFENDANT/  APPLICANT

 

 

RULING

 

The Applicant's action commenced by a motion dated the 12th day of June 2018 seeking the following Orders:-

 

1. That the Court grant an interim stay of proceedings pending the hearing and determination of this  application.

 

1. That the Court grant an Order striking out the Writ of Summons dated the 28th day  of March 2018 for the following irregularities:

 

1. That the writ of summons issued and served on the defendant herein discloses no reasonable cause of action and the claim is totally  uncertain.
2. That the writ of summons was never issued out of the Master's Office or a District Registry as required by the High Court Rules.
3. Any other or Orders that the Court may deem    just.
4. Costs.

 

In opposing the  Application. Mr. Lansana  argued inter alia that. Mr. Kargbo referred to a survey plan that had no bearing to the matter  before  the court. He said that it  had  no L.S. number  and  that  the date on the document  Exhibit 'MRK3' is 10th May 2017; whilst his document is 28th November 2007 and his L.S. number is LS2144/07. He submitted that his document was sealed and signed in consonance with Order 6 rule 11 of the High Court Rules  2007.

He however admitted that the seal was not clear and that he could not  tell whether it was from the Registry. Mr. Lansana argued that his client must not suffer for the "bad job" of the   Registry.

DECISION OF THE COURT                                                                

I have carefully examined the matter before the Court; and I agree with the arguments of Mr. E. Kargbo. It is correct tho exhibit "MRK 3",  which is  conveyance,   attached  to  the affidavit  of ariama Rawlings Kamara sworn to on the 12th day  of June 2018, is betwee  the Government  of Sierra Leone and a Mr. Femi Arnold Coker; which certain has no  relationship with Marie Bangura. Furthermore, there is nothing before pointing out that Marie Bangura  has a   power of attorney, which would qualify her to be  acting in a representative capacity.

 

I am also of the view that the seal of the Court Registry is not  affixed on the Writ of Summons; which brings into question whether it was properly issued before it was  served  on  the defendant.

As mentioned earlier, I have carefully reviewed all of  the  documents  submitted  to this Court by both parties; and I am amazed that both senior counsel would abuse the Court's process and time by presenting frivolous, irrelevant and scandalous documents to the Court. It is evident that the transactions  on both sides are suspect and should not have been brought before the court in the first place.

 

CONCLUSION

 

In view of the above stated,

 

l.   The  Writ of Summons dated the 28th day   of March 2018 intituled CC87    2018 B. No. 6 Between Marie B. Bangura And Marie Rawlings-Kamara is HEREBY STRUCK OUT.

 

2.  Each party bear its own  costs.

 

 

Dated:

Hon. Ms. Justice F. Bintu Alhadi J.