In spite of the judgment delivered by Justice Nicolas Browne Marke at the High Court on the 26th April 2010 in which he stated that the Lokomasama Chieftaincy election is genuine, the petitioner Mohamed Bai Sama Kamara and his lawyer Yaada Williams filed an appeal of stay and injunction to the court of appeal. The matter came up for hearing yesterday at the Court of Appeal presided by Justice Eku Robert, Justice Showers and Justice Solomon.
Lawyer J.B.Jenkins Johnston made a preliminary objection for the hearing of the matter stating that the application by its very nature in accordance with Rules 28 and 64 of the Appeal Court Rules ought to have been made first in the High Court before going to the Appeal Court and that both the High Court and the court of Appeal has coordinated jurisdiction. He also said the application is seeking to halt the natural progression of the matter. In this circumstances he went on, the appeal is contemplated by rule 28 of the Court. Lawyer Jenkins Johnston referenced the case of Cropper against Smith in 1813 which was cited in the case of Kabia against Rahman in the Sierra Leone Bar Association Law Report Volume 1, Article 2.
Lawyer Yaada Williams who is representing Mohamed Bai Marrow with Lawyer Osman Jalloh objected to the application made by Jenkins Johnston. He said Lawyer Johnston did not state any rule when making his application. Yaada Williams submitted that order 38 of the High Court rule 2 states that the parties in the matter can apply for an injunction before or after trial and there is no rules existing in the jurisdiction that an application should be made first to the High Court before going to the Appeal Court. Lawyer Williams argued that it is not the judgment of 26th April 2010 that declared the first respondent Paramount Chief, but it was the impugned election of 5th December 2010 and rules 28 and 64 of the court of appeal rules do not have any bearing to his application.
Lawyer Williams applied for an interim injunction till the next adjourned date when ruling will be delivered.
Justice Eku Robert granted an interim injunction until Thursday 13th May 2010, when ruling will be delivered for the said application.