IN THE ESTATE OF PARKER (DECEASED), HAGEN and ANOTHER v. JOHN and OTHERS (004) [1922] SLCA 3 (14 February 1922);

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Civil Procedure - law applicable - Rules of Supreme Court, 1908, O.LXV, r. 2 does not permit importation of every English provision omitted from local Rules - order to be interpreted strictly - if English
statute largely embodied in local provision, presumption that any departure from original intentional: Since the Rules of the Supreme Court of Sierra Leone embody many, but not all, of the provisions
contained in the English Rules of the Supreme Court, there is a presumption that any departure from the English Rules is intentional; O.LXV, r. 2 of the Rules of the Supreme Court, 1908, which provides
for the application of English rules when no other provision is made and when they may be conveniently applied in Sierra Leone, should therefore be strictly interpreted and does not permit the "importation of every English provision omitted from the local rules (page 24, line 17 -page 25, line 26; page 26, lines 7-12).

Civil Procedure - originating summons - application - only used for seeking construction of instruments or declarations of rights -not to be
used for matters requiring account, enquiry and relief: An originating summons should be used only for those purposes prescribed by O.LII of the Rules of the Supreme Court, 1908, i.e., applications for the construction of a will or other written instrument and for declarations of the rights of the persons interested; the Supreme Court cannot therefore deal, on an originating summons, with questions and matters concerning the estate of a deceased person which require account, enquiry and r~lief (page 23, line 31 -page 24, line 3; page 24, lines 26-41; page 25, lmes 11-21) such matters (per Sawrey-Cookson, J., page 26, lines 13-19) being dealt with by administration suit.

Law Report Citation: 
1920-36 ALR S.L. 21