Abu Kamara
V
Amadu Gboyo
COURT: THE SIERRA LEONE SUPREME COURT
CORAM:
Hon. Mr. Justice E. Livesey Luke - Chief Justice
Hon. Mr. Justice C. A. Harding - Justice of the Supreme Court
Hon. Mr. Justice O. B. R. Tejan - Justice of the Supreme Court
Hon. Mr. Justice A. V. A Awunor-Renner- Justice of the Supreme Court
Hon. Mr. Justice. Ken E. O. During - Justice of Appeal
REPRESENTATION
Counsel for the Appellant - Mr. A. F Serry Kamal Esq
Counsel for the Respondent - Mr. F.M Carew Esq
JUDGEMENT DATED 13TH JULY 1981
FACTS
The Plaintiff/Respondent brought an action against the Defendant now Appellant in the Yoni Local Court for unlawfully brushing their land. The Yoni Court after hearing the parties and their witnesses gave judgment in favor of the Defendant/Appellant. After a couple of appeals to and judgments from the District Appeal Court and the Local Division of the High Court, the matter finally reached the Court of Appeal. At the Court of Appeal, the decision of the High Court was replaced with the decision of the District Appeal Court on one of the substantial grounds that the High Court was wrong to have found that Res Judicata applied when there was no evidence to prove same. The Defendant/Appellant then appealed to the Supreme Court.
ISSUE
The key issue determined in this case was whether the Court of Appeal erred in law in holding that the High Court was wrong to have found that Res Judicata applied.
DECISION
The Court in upholding the decision of the Court of Appeal said that in order for the plea of Res Judicata to succeed, it is required that the cause of action and the parties be the same and that the plaintiff had an opportunity to recover but had it not been due to his fault, might have recovered that which he is seeking to recover. Nevertheless, the Court held that in this current appeal, not only are the parties not the same as those for whom judgment was given in 1957 , but the cause of action is also different. Hence, Res Judicata did not apply.
Written by: Abu Bakarr Marrah
Edited by: C.M Jonah