Court name
HC: Land and Property and Environmental Division
Case number
MISC APP 156 of 2018

Jurainatu Kaimondo Sonsiama v Ibrahim Osman Thomas (MISC APP 156 of 2018) [2021] SLHCLPED 32 (03 March 2021);

Media neutral citation
[2021] SLHCLPED 32
Case summary:

An application by way of Notice of Motion on behalf of the 2nd defendant/applicant for contempt proceedings against the plaintiff -both the contemnors were found guilty for contempt of court order- cost to be borne by the contemnors.

Coram
Samba, JA

BEFORE THE HONOURABE MS. JUSTICE MIATTA MARIA SAMBA, J.A

DATED THE 3rd DAY OF MARCH 2021

Counsel:

Yada H. Williams Esq for the 2nd Defendant/Applicant

Musa Pious Hermor Sesay Esq for himself as Contemnor and for the Plaintiff/Contemnor

Ruling

  1. On file is an application by way of Notice of Motion dated the 5n day of October 2020 for and on behalf of the 2 ’d Defendant/Applicant for contempt proceedings against the Plaintiff, Mrs. Jurainatu Kaimondo Sonsiama and Musa Pious Hermor Sesay for their having disobeyed the Orders of this Court dated the 17"1 and 20th September 2018, 18th January 2019 and the 22nd February 2019. The application is supported by the Affidavit of Fadlu Osman Thomas sworn to on the 5th day of October 2020 with Exhibits attached.
  2. I have read your Affidavit in Opposition sworn to on the 18"’ November 2020 yourself as, Contemnor. I refer to paragraphs 4 and 5 where you say:

“That the Applicant/Plaintiff/Cantemnor and Applicant/Contemnor have in no way disobeyed the orders of this Court dated the 17th and 20th September 2018, 18th January 2019 and 22!ld February 2019.

That the Apphcant/Plaintiff/Contemnor nos in no way failed, refused or procured the Pegistration of Deed af Conveyance dated 14''' December 2018".

 

  1. I have looked at the Notice of Motion dated the 5,M day of October 2020 and its Supporting Affidavit sworn to by Fadlu Osman Thomas together with its attached Exhibits. I have also looked at the Affidavit in Opposition sworn to by Musa Pious Hermor Sesay on the 18th day of November 2020. I have listened to Counsel for the 2rd Defendant and to Musa Pious Hermore Sesay Esq on why he should not be sent to prison for the several and continuous contempt of the Orders of this Court. I shall refer to the Orders of this Court and show the deliberate and calculated effort by the Plamtiff/Contemnor ably assisted by Pious Sesay, the 2 ;i Contcmnor herein to undermine the authority of this Court.
  2. I refer to Exhibit B attached to the Supporting Affidavit herein dated 20th September 2018, the Orders of this Honourable Court by which the Administrator and Registrar- General, the Master and Registrar of the High Court, the Plaintiff/Respondent were restrained from signing, registering any Conveyance dealing with No. 5 Hannah Benka- Coker Street and against the Plaintiff/Respondent and the ll,t Defendant from the withdrawing moneys from their bank accounts and any account into which the purchase price of No. S Hannah Bcnka-Coker Street was paid. I note from Exhibit E, that a Conveyance dated the 14l day of December 2018, well after the Orders of this Court as in Exhibit B of 20* September 2018, was signed by the Master and Registrar and registered by the Administrator and Registrar-General.
  3. The contempt proceedings before this Court is against the Plaintiff, Mrs. Jurainatu Kaimondo Sonsiama and Mr. Musa Hermor Pious Sesay as on the face of the documents filed. I have asked myself the question, 'how was Counsel in breach of the Orders of this Court?' I refer to Exhibit E hereinbefore mentioned, especially Exhibit E2, a letter from the Law Offices of Musa Pious Hermor Sesay signed by the said Musa Pious Hermor Sesay on the 12r ’ day of October 2018, well after the Orders of this Honourable Court as in Exhibit B dated 20n September 2018. By Exhibit E2, the Contemnor confirms that he dealt with property at No. 5 Hannah Benka-Coker Street Freetown after the Orders of this Court, which said letter facilitated the signing and registration of Exhibit E, the Conveyance herein, deliberately to subvert the Orders of this Honourable Court dated 20th September 2018. I refer to the Plaintiff/Respondcnt's testimony on the 20n day of September 2018, (which I must state, was also well before the execution and registration of Exhibit E), when she told the Court in answer under cross examination in the presence of Musa Pious Hermor Sesay Esq, as in page 9 of the Court Records that though she sold the property at No. 5 Hannah Benka Coker Street at $. 130,000.00 for which she had received $70,000.00, no Conveyance had been signed in the Purchaser's name.
  4. The Court takes note that the Plaintiff Contcmnor testified as to receipt of $70,000.00 for the said property on the 201" September 2018 and that Exhibit E2 is dated 12’'1 October 2018. It stands to reason that after 20th September 2018, Mr. Sesay, the 2nd Contemnor herein received $60,000.00 more as purchase price for property at No. 5 Hannah Benka Coker Street which by, Exhibit D paragraph 'D' the Orders of this Court dated 22nd February 2019, the was to be paid into Court.

 

  1. I refer to Exhibit D, hereinbefore referred to and note that Exhibit is an Order of this Court which by its paragraph 'A' set aside the Order for sale of property at No. 5 Hannah Benka-Coker Street granted by this Court on the 22nd day of May 2018. I refer to Exhibit F an application by way of an Ex Parte Notice of Motion dated the 13td day of August 2020 for leave to issue a Writ of Possession and Writ of Fieri Facias combined filed for and on behalf of Musa Pious Hermor Sesay Esq, himself as Plaintiff against the Ibrahim Thomas and against his client, Jurainatu Thomas. I find it insulting, for want of a better word, to the legal profession, that Counsel could drag such a noble profession so badly into the mud. Exhibits G dated 27th August 2020, H dated 28td August 2020 and I endorsed on 3rd September 2020 attached to the Supporting Affidavit is a result of Exhibit F, the Ex Parte application hereinbefore referred to, taken out by Musa Pious Hermor Sesay Esq. For ease of reference, ExhibitGisanOrder of this Honourable Court granted by Hon. Jst. S.O Taylor dated 27u’ August 2020. All the processes in Exhibits F through I attached to the Supporting Affidavit were carried out between August and September 2020, over a year after this Court had set aside the sale of property at No. 5 Hannah Benka-Coker Street, Freetown on 22r,tJ February 2019 as in Exhibit D.
  2. To conclude, I have looked at the Orders of this Court as in Exhibits B, C and D. I have looked at Musa Pious Sesay's Affidavit in Opposition and it is my holding that based on my analysis above, the Plaintiff/Contemnor, Mrs. Jurainatu Kaimondo Sonsiama and Musa Pious Hermor Sesay Esq are in flagrant violation and therefore in contempt and they continue to be in such contempt till date. They have shown no remorse for their unlawful conduct. I therefore order as follows:
  1. That both the Plaintiff/Contemnor and the 2'ld Contemnor, Musa Pious Hermor Sesay are in contempt of the Orders of this Court dated the 17th and 20” September 2018, 18t! January 2019 and 22'ld February 2019.
  2. That the Plaintiff Contemnor Mrs. Jurainatu Kaimondo Sonsiama and the 2 ld Contemnor, Musa Pious Hermor Sesay Esq are by this Order committed to prison for a term of 14 days with immediate effect for having disobeyed and for continuing to disobey the Orders of this Honourable Court dated the 17’1 and 20’ 1 September 2018, 18’" January 2019 and 22"d February 2019.
  3. That within a week after their release, the Plaintiff/Contemnor and the 2 Contemnor, Musa Pious Hermor Sesay Esq will pay of cause to be paid into the Judicial Sub-Treasury, the sum of $130,000.00, same being the purchase price for property at No. 5 Hannah Benka-Coker Street, Freetown, Sierra Leone failing which they will be committed for further contempt.
  4. That the Plaintiff/Contemnor and the 2fd Contemnor, Musa Pious Hermor Sesay Esq shall, after 14 days of their release from prison comply with the Orders of this Honourable Court hereinbefore referred to failing which they will be committed for further contempt.

Costs to be borne by the Plaintiff/Contemnor and the 2 d Contemnor at Le. 60,000,000.00 (Sixty Million Leones) each.

Hon. Jst. Miatta Maria Samba, J.A