Last week at the court of appeal presided over by Hon. Justice Eku Roberts, Justice Vivian Solomon and Justice Showers, Lawyer Yaada Williams applied for the matter of the Lokomasama chieftaincy be heard at the court of appeal, as he was dissatisfied with judgment at the High Court.
Lawyer Yaada Williams and Lawyer Osman Jalloh represent the plaintiff Mohamed Bai Sama Kamara and J.B. Jenkins Johnston and Leon Jenkins Johnston represent the defendant Mohamed Bai Marrow Kamara. A ruling on the application was delivered by Justice Eku Robert at the Appeal Court yesterday.
Justice Eku Robert said the preliminary objection made by Lawyer J.B. Johnston is for the application to be dismissed because the application by its very nature ought to have been made first at the High Court before taking it to the Appeal Court. He also stated that Lawyer Johnston made reference to Rules 28 and 64 of the Court of Appeal rules and the case of Copper Vs Smith in 1983 and also the case of Kabia Vs Rahman reported in the Bar Association Law Report to support his argument. He said Lawyer Jenkins Johnston stated that the application seeks to halt the natural progression of the court and it contemplates Rule 28.
Justice Robert stated that Yaada Williams when responding to the objection made by Lawyer J.B. Johnston said Rules 28 and 64 of the High Court Rules do not have any bearing to his application, and refer the court to the case of Wilson Vs the Church and there is no basis in the law for the court of appeal not to hear the application.
Justice Eku Robert said despite the preliminary objection made by Lawyer J.B. Jenkins Johnston such objection is dismissed and the application for the appeal is granted, as the court has jurisdiction to hear the matter. He stated that the interim injunction continues until the matter is decided by the court.
By Muctarr King