By Jane B. Mansaray
High Court Judge, Justice Komba Kamanda yesterday granted an interim injunction on behalf of the plaintiff Mohamed P. Fofanah restraining the first defendant, Minister of Social Welfare, Gender and Children’s Affairs Dr. Sylvia Blyden and her co-defenders, their workmen, relatives among others from entering upon, occupying, constructing any structure within the plaintiff’s pieces of land situated off Peninsula\ Circular Road, Hamilton Village.
Delivering his ruling shortly after the matter was mentioned in the High Court of Sierra Leone (Land and Property Division), Justice Kamanda said before him was an application of a notice of motion dated 6th August, 2016.
He said the plaintiff seeks for an interim injunction to be granted restraining the 1st and 2nd defendants herein their workmen, assigns, privies, relations, heirs, servants and agents from entering upon, occupying, constructing any structure or in any way interfering with the plaintiff’s pieces of land situated off Peninsular Circular Road, Hamilton Village.
He said the application also seeks for an interlocutory injunction to be granted to the plaintiff citing the above restrictions, and any order the court may deem fit.
Addressing the court, Justice Kamanda said the notice of motion was supported by an affidavit dated 5th August 2016, backed with exhibits which entail copy of the piece of the plaintiff property and an undertaken of damages.
The plaintiff counsel was said to have relied on America Sinamid Case and submitted that the balance of convenience be determined in their favor so that the status quo will continue until the court determines the matter.
Counsel supported his case based on Order 33 Rule 1 of the High Court rules.
He said defense counsel Yada Williams argued that his learned friend reframe from selling an issue they are not in court for. He also stated that his clients, the 1st and 2nd defendants were in control of the property and have erected zinc structures making reference to paragraph six, seven, eight and twenty one of the High Court rule. Yada Williams further said that his client’s Predecessors have been in possession of the land for ages.
“My client, the first defendant is a Minister of Government and Medical Doctor by profession”.
Justice Kamanda in response to counsel for the plaintiff A.K. Kamara said the defendant must be restrained from the land, adding that they have removed the structures on the instruction of the first defendant Dr. Sylvia Blyden. He said there is no evidence that the first defendant is in the position to pay damages because her account was not exhibited.
After going through both arguments, Justice Kamanda granted the stay of the interim injunction. He ordered both parties to serve a list of documents within fourteen days, to make bundles of all those documents on the nature of evidence and make a list of all witnesses for a speedy trial.
Justice Kamanda ordered the clerk to be expunged from the court record all reference to Dr. Blyden as “a rebel commander” ordering “rebel” thugs to destroy the plaintiff’s property.
Justice Kamanda also made reference to Dr. Sylvia Blyden’s reference to Madam Alaba Marsh, dying as a result of shock was ordered to be expunged as the much-touted medical doctor could not prove the said claim in court.