The present  APPLICATION

1. This Plaintiff/Applicant herein (hereafter known  as  the  Plaintiff)  filed  a Notice of Motion dated the 1st March, 2019 seeking the follows Or der s:
   1. That the defence filed by the Defendant/Respondent herein be struck out and Judgment entered accordingly in favour  of  the Plain tiff / Appl icant .
   2. Any other order that this Honourable Court may deem fit and  just.
2. The Applicant gave notice that at the hearing of the Application it intended to use the affidavit of Martha Lawali sworn to on the 1st March, 2019 together with the exhibits attached ther eto.

BACKGROUND

1. The Applicant  (then Plaintiff)  herein filed Writ  of  Summons  against   the

Respondent       (then      Defendant)      herein       (hereinafter        known      as                          the "Respondent"  claiming the following relief:)

1. A declaration that the piece of land lying. being and known as 33-35 Macdonald Street, Freetown forms part of the Estate of Soboe Browne (Deceased);
2. Dam ages for trespass;
3. Possession of the piece or parcel of land situate at 33-35 Macdonald Street, Freetown;
4. An injunction restraining the Defendant by himself, his servants or agents from entering or in any way interfering with the piece of land either  by  himself.  his  agent  and  how soev er;
5. Cancellation    of    the   conveyance    dated    28th  January, 2010

r egister ed as No. 168/2010 at page 85 of volume 655 of the Book of conveyances in the Office of the Registrar-General in Freetown; and

1. Costs .

1. The firm of Brewah &i Co. entered appearance for and on behalf of the Defendant dated 4th May, 2017. A defence and counterclaim  was  filed on the 16th May, 2017
2. The  Applicant      filed   a   reply   and   defence   to   counterclaim            dated 9th

February, 2018.

1. Notice of Entry for trial was filed on the 111h   May, 2018 and matter entered for trial on the same date.
2. Directions were given on the ,it h June, 2018 and  the  Applicant  complied with the Directions on the 19th November. 2018. The Respondent did not.
3. I observe that all of these processes were served on the  Defendant's  Solicitor  and various  affidavit  of service of them fil  ed.

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The matter came up for trial on the 131    March, 2019 at which the Registrar

informed the Court that the Solicitors on record, Brewah & Co. had been duly served but did not attend .

1. The Counsel for the Applicant indicated to the Court that she intended to move a Notice of Motion . It was however found out there was no affidavit of service of the said Notice of Motion in the file though Counsel stated  that service had been effective. The matter was adjourned for an affidavit of service to be fil ed.
2. At the next adjournment date on Monday. 181h March. 2019. Ms. Lawali informed the Court that an affidavit of service  of  the Notice had been filed. and was allowed to move the said application
3. Before moving the application. Ms. Lawali  amended  same  to  read  as foll ows :

i) " That the Defence and counterclaim filed by the Defendant/Respondent herein be struck out and Judgment entered in favour of the  Applicant".

The application was gr anted .

1. In her submission. Ms. Lawali relied on the entirety of the affidavit with particular  reference  to paragraphs 6-3
2. Ms. Lawali submitted that the Respondent had failed to comply with the Orders of this Honourable Court by refusing, neglecting or omitting to comply with the Directions given. She stated that the Applicant had complied with the said Directions and served same on the Respondent . In addition to that. a Letter was served on the Defendant's Solicitors reminding them of the duty to comply  with the Directions  of  the Court.  The said Solicitors still did not comply with the said Directions. Ms. Lawali finally submitted that this Application was made under Order 28 (2) 5 of the High Court Rules, 2007
3. At the end of the application, the Court ordered that an opportunity be given to the Defendants to reply to the application. The matter was adJourned to the 291h March. 2019 to enable the Court serve another notice of hearing on the Defendants' Sol icitor s.
4. On the 281h March. 2019 the Defendant and Counsel were aga in  absent though. according to the Registrar, they were served with the Notice of hearing .
5. The Defendant had up to thi s point neither appeared in Court, complied with the Directions of the Court nor filed an affidavit in opposition to this Application.
6. In consequence of the failure of the Defendant to appear in Cour t and to comply with its Directions, despite the existence of  various  affidavits  of ser vice of notice of hearing and Applications, the file was withdrawn for Judgment. The Court  came to  the conclusion  that  the Defendant  by the

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1. That the Applicant is  here granted  possess ion  of  the piece or parcel of land situate at 33-35 Macdonald Str eet, Freetown.
2. An injunction  restraining  the Defendant  by himS8lf . hi;

servants or agents from entering or in any way interfering with the piece of land either by himself, his agent or howsoever is hereby granted

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That the conveyance  dated the 281    January, 2010  registered

as No. 168/ 2010 at page 85 of volume 655 of the Books of Conveyances in the Office of the Regi strar - Gener al, Freetown  is  hereby cancelled

1. Costs to be taxed if not agreed

Hon. Mr. Jus  ice Sengu Koroma (JSC)