1. That the Appellant/Applicant's notice of Civil Appeal  dated  the 11 th June 2012 which was dismissed by this  Honourable  Court on the 9th January 20 I 4 be restored pursuant to Rule I 03 of the Supreme Court Rules 1982 (Public Notice No. I of 1983).






2.      That the Honourable Court enlarges the time within which the

Appellant/Applicant is to file his case based on the grounds  of appeal filed in the  said  Notice of  Civil  Appeal  pursuant  to Rule 41 (b) of the Supreme Court Rules 1982 (Public Notice No I of 1982).


The application is supported by the affidavit of Mohamed Pa-Momo Fofanah sworn to on the 14th January 2014 and the exhibits filed herein.

At the hearing AB Fofanah Esq. for the Plaintiff/Applicant relied on

the contents of this affidavit dated 14th January 2014 and based his application under Rule 4(i) (b) of the Supreme Court Rules1982.

N. D. Tejan-Cole Esq for Respondent/Respondent opposed the application on the ground that the Plaintiff/ Applicant did not show sufficient reason why the application should be granted in that the Plaintiff/Applicant did not have sufficient funds to file his case at the relevant time and that his affidavit was defective.

Mohamed Pa-Momoh Fofanah Esq for the Plaintiff/Applicant replied that the Plaintiff/ Applicant made full and frank  disclosure  of  the facts and that the affidavit was not defective.

In the Civ App 4/2002 between Ibrahim A. N. Basma Applicant and Adnan Yousef Wansa Respondent and Bassam Ibrahim Basma -

Applicant   and   Adnan  Yousessef  Wanza  Respondent   the    Hon Mr


Justice  M  E Tolla Thompson said "Procedural  rules are intended to

  • serve as hand maiden of justice and not to defeat it, and invoke the







'        courts discretionary power to waive strict application of the rules, in order to ensure that the parties have a fair opportunity to argue their

case in the Supreme Court.

Having heard the arguments of both sides I grant  the  application under Rule 103 of the Supreme Court Rules 1982 in the interest of justice.

In the circumstances I order that  the  Appellant/Applicant  notice  of appeal dated  the  11 th June  2012  which  was  dismissed  be  restored  and I grant an enlargement of time within which to file th'}lilie Supreme Court which is seven days from today's case.

The Plaintiff/Applicant is to pay the Respondent/Respondent cost assessed at Le2,000,000.