Civ. App. 10/2000

IN THE COURT OF APPEAL OF SIERRA LEONE

BETWEEN:-

IN THE MATTER OF PRECIOUS MINERALS

MARKETING COMPANY(SIERRA LEONE) LIMITED

AND

IN THE MATTER OF THE COMPANIES ACT CAP. 249

SHEIK ABDULAI ABDULKALIQ BIN-RAFAAH     - APPLICANT/RESPONDENT

AND

PRECIOUS MINERALS MARKETING COMPANY (SIERRA LEONE) LIMITED                                                -RESPONDENT/APPLICANT

CORAM:- Hon. Mr. Justice N.D. Alhadi                                  - J.A.

Son. Mr. Justice M.E. Tolla-Thompson                                     - J.A.

Son. Mr. Justice F.C. Gbow                                                     - J.A

DUNSTANT S. VINCENT FOR THE                        APPELLANT/RESPONDENT

F.M. CAREW FOR THE                                            RESPONDENT/APPLICANT

RULING DELIVERED THIS 6th DAY OF JUNE 2000 ALHADI J.A.

By Notice of Motion dated the 30th day of May, 2000 the Respondent/Applicant seeks the following Order. "For an order staying all further hearing and determination of this Appeal until the Proposed Appeal to the Supreme Court of Sierra Leone is heard and determined."

In support of the application the learned solicitor for the Appellant/ Respondent has filed an affidavit in which he deposed to reasons why a stay should be granted, By his Supplemental Affidavit he has intimated. the court that he has filed the Notice of Appeal to the Supreme Court pursuant to Section 123(1) of the Constitution, Act No.6 of 1991.

The solicitor for the Applicant/Respondent has filed an affidavit opposing the application. He has deposed that no special circumstances have been disclosed in the affidavit evidence in support of the application.

We have considered the arguments on both sides and we are of the view that where the decision of the superior court will goes to the jurisdiction of this court inadjudicating in a matter before it, it is a good reason why ouch proceeding should be stayed until the outcome of the proceedings in the superior court. We therefore grant the order that the appeal proceedings. in this matter be stayed until the appeal now pending in the Supreme Court be heard and determined. Costs in the cause.

(Sgd) Hon. Mr. Justice N.D.Alhadi                               -J.A.

I agree.......Hon. Mr. Justice M.E. Tolla –Thompson     -J.A.

I agree.......Hon. Mr. Justice F.C. Gbow                       J.A

Misc. App. 11/2000

IN THE COURT OF APPEAL TOR SIERRA LEONE

BETWEEN:-                                                           

Josephine R. Ellis                      ) APPLLANTS/APPLICATION

Desmond CO. Ellis                    )             

A n d             

Cecil O.E. King.                       RESPONDENT/Respodent

CORA M:-

Hon. Justice Y.A.D. Wright           -J.A.

Hon. Justice N.D. Alhadi               - J.A.

Hon. Justice M.E.Tolla-Thompson - J.A.

J.B. Jenkins-Johnston Esq. for the Respondents E.C Shears Moses Esq, for the Applicants

JUDGEMENT DELIVERED THIS 6th DAY OF JULY 2000 WRIGHT J.A.                                                                                                               

This is an Application by Notice of Motion dated 20th May, 2000 for the followingg Orders:--

(1) That Execution of the Judgement of the Court 01 Appeal delivered in this cause on the 10th day of April, 2000 and all Subsequent Proceedings be stayed, pending the hearing and determination.

(2) That Execution of the Judgement of the Court of Appeal delivered in this cause on the 10th day of April, 2000 and all Subsequent Proceedings be stayed pending the hearing and determination of the Appeal of the Applicants herein, intituled.

"In the Supreme Court of Sierra Leone" Notice of an Appeal, Civil Appeal 4/2000

Between Josephine R. Ellis )                 - APPELLANTS

Desmond CO. Ellis

And

Cecil O.E. King                                 - RESPONDENTS

now pending in Supreme Court of Sierra Leone,

(3) That the costs of this Application be costs in the cause. The Application was supported by the Affidavit or Jamen. Blyden Jenkins-Johnston Esq., sworn to on the 20th day of May, 2000 and filled remain and the Exhibits thereon.

There was an affidavit in opposition by Ekuodaye Consiani Shears-Moses sworn to on the 24 th day of May, 2000.

2

At the hearing counsel for the respondent/applicants the Case of Civ. App.3/1/81 Adama Mansaray v. Ibrahim Mansaray was Counsel for the Respondent submitted that application does not show special circumstances why this judgement should be stayed and no argument has been canvassed that the amount cannot be paid.

The court would grant the stay of execution where special circumstances have been shown. In my view the Affidavit in support of the application show the special circumstances why the application should be granted.

I therefore Order a Stay of Execution on the following terms

1. That the sum of Five million leonea be invested in the Sierra-Leone Commercial Bank under a fixed joint account in the name of the appellents /applicants and respondent/respondent to accrue interest thereon within (2) two months from todays's date,

2. Costs in the cause.

(Sgd) Hon.Mrs.Justice V.A.D.Vright                                        -JA.

I agree................A...Hon. Mr. Justice N,D. Alhandi                 - JA

I agree.... ..Hon. Mr. Justice M.B. Tolla-Thompson                  - JA