N.S.S. & I Trust v. S.L.D Factory ([node:field-casenumber])  SLHC 25 (01 January 2007);
CC. 1018/06 2006
IN THE HIGH COURT OF SIERRA LEONE
N.S.S. & I TRUST PLAINTIFF
S.L.D. FACTORY RESPONDENT
BEFORE THE HONOURABLE MRS. JUSTICE M. SEY J.
By Notice of Motion dated the 8th day of May 2007 the plaintiff/Applicant prays that judgment be entered in favour of the plaintiff on the terms of summons issued on the 15th day of December 2006.
In support of the said Notice of Motion is the affidavit of Centus Macauley sworn to on the 8th day of May 2007 together with the following exhibits to wit: CM1, CM 2, CM 3, CM 4, CM 5, CM 6, CM 7, CM 8, CM 9, CM 10, CM 1 1, CM 12, CM 13, CM 14, CM 15 and CM 16. It is counsel's submission that the application is based on admissions contained in exhibit CM 7 in which the defendant admitted liability and imposed a payment schedule for he debt.
The application is made pursuant to Order 20 E Rule 3 (1) of the High Court Rules as amended, Counsel has placed reliance on the affidavit in support of the motion in its entirety.
E. Kargbo Esq. of counsel for the Defendant/Respondent has intimated to the court that he is not opposing the application but he is appealing for the judgment debt to be paid in three installments commencing on the lst day of June 2007.
Upon reading the Notice of Motion dated the 8th day of May 2007 and the affidavit of Centus Macauley sworn to on the 8th day of May 2007 together with the exhibits attached thereto to wit: CM I, CM 2, CM 3, CM 4, CM 5, CM 6, CM 7, CM 8, CM 9, CM 10, CM 11, CM 12, CM 13, CM 14, CM 15 and CM 16 respectively.
And upon hearing Centus Macauley of counsel for the plaintiff/applicant and taking into consideration the fact that E. Kargbo of counsel for the Defendant/Respondent is hot opposing:
IT IS THIS DAY ADJUDGED AS FOLLOWS:
Judgment is hereby entered for the plaintiff on the terms prayed for in the Writ of
Summons to wit:
1. Recovery of the sum of Le. 24,557,021.70 (Twenty four million five hundred and fifty seven thousand and twenty one leones seventy cents) being arrears of social security contributions payable by the defendant's employees to the plaintiff for the period 1st January 2002 to 30th June 2005.
2. Recovery of the sum of Le. 1,946.550.20 (one million nine hundred and forty six thousand five hundred and/fifty leones twenty cents) as 20% interest for delayed payments pursuant to section 27 of the NASSIT Act No. 5 of 2001.
3. Recovery of the sum of Le. 194,655.02 (one hundred and ninety four thousand six hundred and fifty five leones two cents) as 10% penalty levied for further delayed payments in accordance with section 27 of the NASS1T Act No. 5 of 2001.
4. The total judgment debt shall be paid in three equal monthly installments with effect from the 31s1 May 2007.
5. There will be no order as to costs.
Mary Sey J. 10/05/07
JUSTICE MARY SEY J.