Mary George v Mohamed Lamrana Sowe (CC.115/17)  SLCA 3 (15 July 2019);
The present APPLICATION
- 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:
- That the defence filed by the Defendant/Respondent herein be struck out and Judgment entered accordingly in favour of the Plain tiff / Appl icant .
- Any other order that this Honourable Court may deem fit and just.
- 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.
- The Applicant (then Plaintiff) herein filed Writ of Summons against the
Respondent (then Defendant) herein (hereinafter known as the "Respondent" claiming the following relief:)
- 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);
- Dam ages for trespass;
- Possession of the piece or parcel of land situate at 33-35 Macdonald Street, Freetown;
- 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;
- 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
- Costs .
- 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
- The Applicant filed a reply and defence to counterclaim dated 9th
- Notice of Entry for trial was filed on the 111h May, 2018 and matter entered for trial on the same date.
- 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.
- 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 .
- 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.
- 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
- 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 .
- In her submission. Ms. Lawali relied on the entirety of the affidavit with particular reference to paragraphs 6-3
- 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
- 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.
- 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 .
- 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.
- 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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- That the Applicant is here granted possess ion of the piece or parcel of land situate at 33-35 Macdonald Str eet, Freetown.
- 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
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
- Costs to be taxed if not agreed
Hon. Mr. Jus ice Sengu Koroma (JSC)