1. The Defendant/ Applicant ("The Applicants") applied to this Court by way of Notice of Motion dated the 24th day of May, 2018 for seven Orders. The most relevant of which is Prayer 4 which is that the Judgment dated 9th January, 2018 and all subsequent proceedings be "gran ted" on the grounds that the Court never assessed damages in respect of the claim for wrongful dismissal. I am not sure I understand why Counsel used the word "gran ted" instead of "stayed." It appears the Applicant is asking this Court to grant to the Respondent the Judgment in default instead of stay execution of the Judgment in default and all subsequent proceedings. These are the sort of mistakes that this Court frowns upon as it will tempt any Judge to strike out the said application on the ground of tardiness.

2 . I have perused the affidavit in support and that in opposition and hold the view that the Judgment obtained was regular on the face of it. The Applicant in the supplemental affidavit in support sworn to on the 29th May, 2018 admitted that contrary to paragraph 3 of the affidavit of Joseph :Magnus French sworn to on the 24th :May, 2018 though a Defence was prepared, move was filed. In the circumstance, the submission of the Applicant on this point is of no effect.

1. .  On  the  Judgment  in  default  of  defence,  I  observe  that  the Plaintiff entered Judgment for a liquidated amount of Le254, 996 .015. However in the Writ of Summons, the claim was for the Recovery of the said sum

as "compensation for wrongful dismissal prior to uncompleted  term  of

ser VI.c e . ,,

1. From this, it could be seen that the Plaintiff entered Judgment for an amount which has not been assessed. The word "compensation" should not have been used. In employment law, the terminology is "damages for wrongful dismissal" here the Plaintiff is claiming both damages and compensation which is not allowable.

In the  circumstan ces , I order as follo,vs :

1. Judgment in default  of defence dated the 9th day of January,  2018 and  all subsequent proceedings are hereby set stayed subject to:
   1. That the Defendant/ Applicants pays the Judicial sub-treasury to abide any order made in favour of the Plaint iff
   2. That  the  terminal  and  of  service  benefits   of  the    Plaintiff  be assessed .
   3. Damages for wrongful dismissa l be  assessed;
   4. Cost of Le10,ooo,ooo.oo to be borne by the Defendant/ Applicant to the Plainti ff/ Respondent
   5. !vlatter   adjourned   to Thursday,  14ht J une, 2 0 1 8  at  9:30Am for

assessment of damages and entitlements.

Kar gbo: I am applying most  respectively  for that the balance of  Le154,99.015 to be  repaid to the college  Accounts.

Fo rn a:  I am objecting to this as the Judgment has been stayed  mea nin g I sho uld pay the Le100]\I and keep the balance until after assessment

Court:            It  is additionally order that the balance remaining after deducting   the sum of Le10, 000,000.00 be repaid into the Defendant's Account at the Sierra Leone Commercial Bank (Subvention Account).

l\l atte r adjourned to Thurs,day, 14th J une , 2018 at 9:30Am.