Dr. Alhaji Kolleh Yumkella
The Attorney General and Minister of Justice
Mohamed N’Fah Alie Conteh
(002)(2018)SCC(28th March, 2018)
David Fornah v Alhaji Kandeh Kolleh Yumkella (SC 2 of 2018)  SLSC 2 (28 March 2018); | Sierra Leone Legal Information Institute
Supreme Court of Sierra Leone
The Honourable Mr. Justice N. C. Browne-Marke JSC
The Honourable Mr. Justice E.E Roberts JSC
The Honourable Ms. Justice Glenna Thompson JSC
The Honourable Mr. Justice Alusine Sesay JA (As he then was)
The Honourable Mr. Justice Sengu Koroma JA (As he then was)
Monday 28th March 2018
“Citizenship-(Constitution of Sierra Leone, Act No. 6 of 1991 Section 41, 75, 76)-Notice of Discontinuance
a. Matter of the Constitution of Sierra Leone, 1991 - ACT NO. 6 OF 1991 (AS AMENDED) SECTIONS 41, 75 & 76.
b. Matter of the Sierra Leone Citizenship (AMENDMENT ACT, 2006 – ACT NO 11 OF 2006).
c. Matter of an action pursuant to the Supreme Court Rules, 1982 – Part XVI, RULES 89 – 98, S. I. No. 1of 1982.
The matter was brought before the Supreme Court of Sierra Leone against the named defendants on grounds relating to the Constitution of Sierra Leone, 1991 - ACT NO. 6 OF 1991 (AS AMENDED) SECTIONS 41, 75 & 76, the Sierra Leone Citizenship (AMENDMENT ACT, 2006 – ACT NO 11 OF 2006) and in the matter of an action pursuant to the Supreme Court Rules, 1982 – Part XVI, RULES 89 – 98, S. I. No. 1of 1982.
That case (YAMBASU & OTHERS V. HON E. B. KOROMA & OTHERS (Sup Ct Case No. 3/2002)) is distinguishable from the instant case in that the action did not end but continued with the other Plaintiffs actively pursuing their case.
It was the opinion of the Court that the proper method at that stage in the action was for the Plaintiff to file a Notice of Motion in the Court (SC) that it was his intention to freely and voluntarily discontinue the action. Once that is done, the Court can then release him from arguing or from instructing his client arguing in his favour.
The Court ordered that the Notice of Withdrawal was ineffectual to discontinue the action; and that the plaintiff shall file a Notice of Motion seeking the withdrawal of his Originating Notice of Motion no later than 11am of the following day after the handing down of this order; a short service was ordered for the said Notice of Motion.
Conclusively, the other Judges presiding together with The Honourable Mr Justice N. C. Browne-Marke JSC agreed.
Per: The Honourable Mr Justice N. C. Browne-Marke Jsc;
The Honourable Mr Justice E. E. Roberts Jsc;
The Honourable Ms Justice Glenna Thompson Jsc;
The Honourable Mr Justice Alusine S. Sesay Ja (As He Then Was) &
The Honourable Mr Justice M. Sengu Koroma (As He Then Was).
Centus Macauley ESQ for the Plaintiff
DR A O CONTEH for the 1st Defendant
2nd Defendant was unrepresented
B E T CUMMINGS (Ms) for 3rd and 4th Defendants
I S YILLA ESQ for 5th Defendant
YASMIN JUSU-SHERIFF (Ms) for 6th & 7th Defendants.
Farouk Sulaiman Taiwo Adedoyin