SIERRA LEONE NATIONAL SHIPPING CO v GOMEZ and Others (CC 124/05 )  SLHC 10 (10 November 2008);
SIERRA LEONE No. CC 124/05 2005 S NO 8
IN THE HIGH COURT OF SIERRA LEONE CIVIL JURISDICTION
SIERRA LEONE NATIONAL SHIPPING CO
45 CLINE STREET
FREETOWN - PLAINTIFF
1. ALBERT GOMEZ FREETOWN
2. THE SHERIFF OF THE REPUBLIC OF SIERRA LEONE POLICE HEADQUARTERS GEORGE STREET FREETOWN
3. MARTIN MICHAEL 18 DECKER DRIVE ,BABADORIE LUMLEY
FREETOWN - DEFENDANTS
Elvis Kargbo & Nicholas Browne Marke - For the Plaintiff
Mohamed L Tarawalley - For the 1st Defendant
Law Officers' Department - For the 2nd Defendant
Martin Michael - 3rd Defendant in person
JUDGMENT DELIVERED THIS 10th DAY OF NOVEMBER 2008
The Plaintiff brought this action against the 1st 2nd and 3rd defendants jointly and severally for the following claims:
1. A Declaration that the Writ of Fieri Facias and all subsequent proceedings in the action intituled CC 503/03 2003 G No.10 - ALBERT FOMEZ, PLAINTIFF AND SIERRA LEONE NATIONAL SHIPPING COMPANY LIMITED,
Defendant are null void and/or of no effect.
2. An Order setting aside the sale of properties situate at and known as 2A and 4A Off Spur Road, Wilberforce, Freetown to the 3rd Defendant.
3. A Declaration that the Plaintiff is still the owner of properties situate at and known as 2A and 4A Off Spur Road, Wilberforce, Freetown.
4. An Order that the Deed of Conveyance executed in respect of the said sale, to wit, Deed dated 7th January, 2005 and duly registered as No.4/04 at Page 14 in Volume 582 of the Record Books of Conveyances kept in the Office of the Registrar-General, Freetown be cancelled and/or annulled and that the same be expunged from the said Record Books for Non-Compliance with Sections 7,9 & 10 of the Execution Against Real Property Act Chapter 22 of the Law of Sierra Leone 1960; and on the ground that the Defendants were guilty of "unconscionable conduct."
5. An Injunction Restraining the 3rd Defendant by himself and by his servants or agents, or howsoever otherwise from disposing of the said property or possession thereof in any way whatsoever until judgment or further Order.
6. Damages for "Unconscionable Conduct" or otherwise.
7. Further or other or Relief. and
The Plaintiff elaborated on this claim by their particulars of claim filed together with the writ of summons dated 7th February 2005.This is produced hereunder in extenso:
1. By virtue of an indenture dated 29th October, 1975 and duly registered as No.973/75 at Page 99 in Volume 279 of the Record Books of Conveyances kept in the Office of the Registrar-General, Freetown the Plaintiff became the freehold owner, and person entitled to possession of all that piece or parcel of land measuring 0.7559 acre or thereabouts together with the buildings thereon situate, lying and being at 2A and 4A Off Spur Road, Wilberforce, Freetown the boundaries and dimensions whereof are delineated in Survey Plan LS149/75 drawn and attached to the said Indenture and forming part of the same.