MISC. APP. 5/2000

IN THE SUPREME COURT OP SIERRA LEONE: IN THE MATTER OF THE CONSTITUTION OP SIERRA LEONE 1991 ACT NO.6 OP 1991

AND IN THE MATTER OP JUSTICE BECCLES DAVIES COMMISSION OF INQUIRY

AND

IN THE MATTER OF THE SECOND REPORT ON THE NATIONAL COMMISSION FOR UNITY AND RECONCILIATION PRESIDED BY JUSTICE CROSS AND THE GOVERNMENT WHITE PAPER THEREON

AND

IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR AN ORDER OF CERTIRARI TO QUASH THAT PART OF THE SECOND REPORT OF THE NATIONAL COMMISSION FOR UNITY AND RECONCILIATION PRESIDED BY JUSTICE CROSS AND THE GOVERNMENT WHITE PAPER THEREON IN RESPECT OF THE PROPERTY OF MAJOR GENERAL M.S. TARAWALLI AT SPUR ROAD WILBSRFORCE FREETOWN FORMERLY NUMBERED 40 THEREIN NUMBERED 16H.

B E T W E E N:-

THE STATE                                                                - APPLICANT

AND

THE ATTORNEY GENERAL & MINISTER OF JUSTICE

AND

THE NATIONAL COMMISSION FOR

UNITY AND RECONCILIATION                            -  RESPONDENTS

EX PARTS MAJOR GENERAL (RTD) M. S. TARAWALLI

DATED THE 5TH DAY OF DECEMBER. 2000. A. F. Serry-Kamal far the interested person - the Applicant

AND L. M. Farmah - for the Respondent.

Serry Kamal asks leave to use the supplemental affidavit sworn to on December 4th and. also the amended notice of motion,

L.M. Farmah            -   No objection

Leave granted.

Exparte application on the part of Major General Tarawalli for an order granting leave to apply for an order of certiorari to quash that part of the second report of the Cross Commission and the Government White Paper thereon in respect of the property of Major M.S. Tarawalli at Spur Road, Freetown, formerly No. 40 Spur Road but now numbered

2

Relying on affidavit sworn to on the 4th December together with all the exhibits attached thereto. 2xh. A - Beccles Davies Commission of Inquiry Vol. I and the Government White Paper thereon.

Exhibit B - Letter dated 25th August 1993 signed by John Benjamin.

Exh.C1 & C2 - Letters dated 9.7.96 and 23.8.96.

Exh.D1 & D2 - are 2nd Report of the National Commission for Unity and Reconciliation & the Government White Paper thereon.

Exh.E1,E2,& E3 - are letters dated 22.10.96 by S. Kamal, letter dated 18.10.97 by Tasawalli to H.B. President Kabbah and letter dated 12.11.96 - Berewa to Kamal.

Exh. P     - letter dated 6th April, 1999.

Exh. G    - Fax - Berewa to Tarawalli.

Application is made under section 125 of the 1991 Constitution and Order 59 r 3 of the Annual Practice 1960 - relying on C.J.'s judgment in Misc. App. No. 7/99 - Harry Will V. A. G. delivered on 23rd March 2000.

National Provisional Ruling Council Decree (Repeal and Modification) Act 1996 Act No. 3 of 1996.

Court:-

Leave granted for applicant to apply for an order of certiorari to quash that part of the 2nd Report of the National Commission for Unity and Reconciliation presided by Justice Cross in respect of the property of Major M.S. Tarawalli at Spur Road, Wilberforce formerly numbered 40 therein Numbered 16 H.

Sighned:..........

Hon. Mr. Justice D.E.F. Luke - CJ.

Sighned:......................

Hon. Mr. Justice H.M. Joko-Smart _ JSC

Signed:.................................................

Hon. Mr. Justice M.S. Tolla-Thompson - JA.