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NOTICES & DOCUMENTS
Sierra Leone Libel Laws: SLAJ versus Government of Sierra Leone
....I have earlier in this judgment mentioned that there is no reference or mention of this provision in the originating notice of motion and it is a settled practice in constitutional matters that technical objections are frowned upon. I will amend the heading of the motion to include the provision. In the case of Guaranty Trust Co. of New York v. Hannay 1915 2KB 537, it was held that the Court has power to make a declaration whether there is a cause of action or not, at the instance of a party interested in the subject matter. In Eastham v. Newcastle United Football Club Ltd. 1964 CH 413 Wilberforce J said that the cases establish that even though there is no cause of action and even though no consequential relief can be given, the Court has ample power to grant a declaratory judgment. In the case of Letang v Cooper 1965 1QB 232, it was said that the expression “cause of action” means simply a factual situation the existence of which entitles one person to obtain a remedy against another person. It will be noted that in section 127(1) a factual situation in existence is required i.e. the plaintiff must bring an action. In this regard it is a well known proposition that the burden lies on the person who seeks a declaration of right to place the facts before a Court, which are necessary for the determination of such rights and would fail if no evidence was called (see Phipson on evidence 10th ed. at p45 etc).
Feb 20, 2012, 15:34
NOTICES & DOCUMENTS
Public Notice on Land in Baw-Baw belonging to Chaytor & Koso-Thomas
It has come to the attention of Dr, Daniel Emmanuel Babatunji Chaytor and Dr. Magnus Kosonike Thomas, bona fide owners of all piece and parcel of land and hereditaments at Peninsula Road Baw- Baw, Freetown in the Western Area of the Republic of Sierra Leone, (Survey Plans attached hereto] that certain unscrupulous individuals are now engaging in acts of trespass and encroachment on their said land. The owners grossly frown at the above acts and therefore wish to express their absolute intolerance to any such pretence or threat to their title and right to quietly enjoy their property. The owners further wish to use this medium to sternly warn encroachers and trespassers to desist forthwith from or continuing the acts of encroachment or trespass on their said land with immediate effect.
Jan 16, 2012, 14:29