C. C 93/13 2013 C. N0. 13 In the High Court of Sierra Leone (Land and Property Division) 2 BETWEEN: Mrs. Kainda Wray - Plaintiff Suing as an Administratrix of The Estate of Abal Cole (Deceased) AND Sierra Blocks Concrete Products - 1 st Defendant Sierra Leone Limited 35 Light Foot - Boston Street Freetown AND The Attorney General and Minister Of Justice Lamina Sankoh Street Freetown 1 2nd Defendant Counsel: Jessie M. Jengo Esq. for the Plaintiff Yada H. Williams Esq. for the 1st Defendant 2 Abigail Suwu-Kaindoh Esq. for the 2nd Defendant 1.0 Judgment on an Action Commenced by a Writ of Summons, dated 12 th March, 2013, for Declaration of Title to Property, Revocation of a Deed of Conveyance, Recovery of Possession and Damages for Trespass, Injunction and Cost, Delivered by The Hon. Dr. Justice Abou B. M. Binneh-Kamara, on Monday, 10th January, 2022. 1.1 Introduction: Summary of the Interlocutory Proceedings. This is a judgement regarding a writ of summons, dated 12 th March, 2013, originally issued against the 1st Defendant herein, by Taylor and Associates of N0.3 Waterloo Street, Freetown, pursuant to Rules 1 and 2 of Order 5 of The High Court Rules 2007, Constitutional Instrument N0. 8 of 2007 (hereinafter referred to as The HCR, 2007), in respect of the aforementioned orders, embedded in the writ’s prayers. Procedurally, the Solicitors of Margaretta Chambers (Shears-Moses and Co.) accordingly entered an appearance1, on behalf of the 1st Defendant on 2nd May, 2013. So, no judgement in default of appearance 2, was entered against the 1st Defendant. Subsequently, the said law firm filed a statement of defence (without counterclaim) on the 20th May, 2013. Thus, neither was a summary judgement entered3; nor was the action disposed of on a point of law4. 1 See Order 12 of The HCR, 2007. See Rule 1 of Order 13, ibid. 3 See Order 16, ibid. 4 See Order 17, ibid. 2 2 Meanwhile, by judge’s summons, dated 18 th June, 2013, Taylor and Associates, applied for directions5 to proceed with the action forthwith. The Hon. Justice A. D. konoyima (now deceased) accordingly ordered the directions on 29 th October, 2 2013. Moreover, though Taylor and Associates complied with the directions on the 17th June, 2014, Shears-Moses and Co. did not. Therefore, on 9 th July 2015, an ex parte notice of motion was filed for the summons for directions, dated 29 th October, 2013, to be restored. The Court thus lent credence to the application and on 7th December, 2015, Taylor and Associates filed, another notice of motion, requesting the Court to strike out the defence, filed on the 20 th of May, 2013 by Shears-Moses and Co.; and for judgment to be accordingly entered, on behalf of the Plaintiff6. Meanwhile, on the 17th February, 2016, The Hon. Justice A. D. Konoyima, granted the orders as prayed in the writ of summons (as replicated on the face of the notice of motion, dated 7th December, 2015). Again, on 4 th March, 2016, Taylor and Associates, filed a notice of motion, requesting leave of the Court to issue a writ of possession. This time it was The Hon. Justice M. D. Kamara that granted the order for leave to issue a writ of possession on 14 th July, 2016. However, on the 29th July, 2016, the Solicitors of Chidera Chambers (Fornah-Sesay, Cummings, Showers and Co.), filed notices of appointment and change of solicitors 7; replacing Shears-Moses and Co. On the same day, the said solicitors filed a notice of motion, requesting the Court to grant an interim stay of execution of the judgement of 17 th February 2016, setting aside of the said judgment and all subsequent proceedings, restoration of 5 See Sub rules (1), (2) and (3) of Order 28, ibid. That application was made pursuant to Rule 2 (5) of Order 28, ibid. 7 The said papers were filed, pursuant to the provisions of Sub rules 1 and 2 of Rule 1 of Order 59. 6 3 the Defendant’s defence of 20th May 2013 and consolidation of the action intituled CC: 79/2016 2016 S. N0.8 between Sierra Blocks Concrete Products Company Limited v. Kainday Wray, with the other action intituled CC: 93/13, 2013 2 C N0. 13 between Kainda Wray, suing as Administratrix of the Estate of Abal Cole v. Sierra Blocks Concrete Company Limited. Essentially, The Hon. Justice M. D. Kamara, on 30th November, 2016, made an order, consolidating the aforementioned matters, restoring the defence dated 20 th May, 2013, awarding a cost, assessed at Ten Million Leones (Le 10, 0000, 000) against the Defendant, an

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