The ailing and over 85 years old Pa Moses Kamara of 14 Freetown Road, Lumley in Freetown is passionately appealing to the Attorney General and Minister of Justice, Mr. Alpha Sesay to give him justice revealing that since the judiciary ruled in a “Court Order dated 1st March 2016 by the High Court of Sierra Leone, the defendants were ordered to give up possession to the Plaintiff Moses Kamara of all that Piece and Parcel of land situate lying and being at Off MARIMBO W ATER, KANINGO AREA-LUMLEY in the Western Area of the Republic of Sierra Leone but the defendants have refused to obey the said Order and are still in possession of the said Piece or Parcel of Land in contempt of the Honorable Court. “
According to the Court Order, “and whereas on the 28th day of March 2016, the plaintiff herein issued a Writ of Possession in furtherance of the Court Order dated 1st March 2016 after the lapse. And whereas by an Order dated the 13th day of July 2016, the plaintiff was grated leave to issue a Warrant of Assistance against the defendants of the said land situate lying and being at Off Marimbo Water, Kaningo Area-Lumley, Freetown in the Republic of Sierra Leone in order to empower the police and others to assist the Bailiffs of the Court to execute the Order of the Court in the action herein including the demolition of all illegal structures thereon and to give the Plaintiff possession of same.”
Another court order states, “whereas lately in our High Court by Order of Justice A.D. Konoyima J. dated the 1st March 2016, it was ordered that the plaintiff MOSES KAMARA do enter Default Judgment against the Defendants for the claims stated in the Writ of Summons dated 25th February 2014- i.e. possession of all that Piece and Parcel of Land situate lying and being at OFF MARIMBO WATER, KANINGO AREA-LUMLEY, FREETOWN in your country and costs assessed at Le7,000,000/00 to be paid by the Defendants either jointly or severally.”
The court order further recalled that on 19th December 1997 in the matter between Balogun Leigh, Moses Kamara and Prince Campbell, that “all the piece or parcel of land, situate lying and being at Yumkella Road, Juba Hill in the Western Area of the Republic of Sierra Leone,” Pa Moses Kamara has still not recovered the said property.
Three judges, including Konoyima, Gooding and Mansaray, have ruled in favor of Pa Moses Kamara but nothing has been done to implement the judgments.
What has surprised the public is that a lady named Gbassay Mamie Queen hired thugs to demolish the structures on the land at Off Marimbo Water, Kaningo in Freetown without any court order and nothing came out of it.
The so-called Gbassay Mamie Queen is not the owner of the land nor does she has any document only claiming that she has been the caretaker of the property for 25 years.
“In the High Court of Sierra Leone between Moses Kamara (first defendant), Gbassay Mamie Queen and Abdul Omarr Salaam as first and second defendants respectively before the Honorable Justice E. Gooding J. upon hearing the counsel for the plaintiff and upon the perusal of the judgment of Hon. Mr. Justice A.D. Konoyima dated 1st march 2016, it is hereby ordered as follows: that unless the defendant pays the cost assessed at Le6,000,000/00 (six million Leones) he cannot proceed with his Application to set aside judgment of same date,” the court ruling states.
According to the court ruling, Mr. Balogun Leigh had at no time acknowledged the title of the property to anyone whatsoever thereto or in relation or respect of any part thereof and that the said piece of land has always been unencumbered since he entered into procession of the same.
It was further disclosed that the first declarant has always been regarded as the rightful owner (Pa Moses Kamara) of the said piece of land and that to the best of his knowledge, information and belief he has at any time acknowledged, the title of anyone whomsoever thereto or in relation to any part thereof.
A letter from the Forestry Division in the Ministry of Agriculture states that the same land has been released to Mr. Moses Kamara for development purposes and that it is now left with him to take up the matter with the Surveys and Lands authorities for necessary action to be taken.
An affidavit from Alex Musa Esq, Barrister and Solicitor of the High Court of Sierra Leone attached to Malegohun Chambers, 4 A Lightfoot Boston Street, Freetown states, “I have perused the Application by the Defendant/Applicant and the Affidavit in support sworn to on the 3rd January 2017 for the orders as prayer for on the face of the Notice of Motion. That the defendants claim that the action is for declaration of title to property and not for the recovery of the land and therefore the plaintiff should have established his claim on the merit is untenable in the light of the provisions of Order 13 rule 17 of the High Court Rules.