Leonora Davies v Edward Davies (CC417/2022) [2025] SLHC 4 (17 March 2025)

Key Facts

Issues

• The court was required to assess if the plaintiff's writ of summons failed to clearly establish the property's dimensions, location, and description, as the defendant claimed the plaintiff's assertion of 164 Wilkinson Road conflicted with the defendant's claim of 154 Wilkinson Road.
• A key issue was whether the plaintiff's action against the 2nd defendant could proceed based on title deeds not registered in the office of the Administrator and Registrar General, as the defendant argued such unregistered documents are legally insufficient to prove ownership.
• The court was asked to determine if the plaintiff can maintain an action against the 2nd defendant using a survey plan that is not in the Ministry of Lands' records and contravenes CAP 128 of the Laws of Sierra Leone, which requires survey plans to be countersigned by the Director of Surveys and Lands.

Holdings

• The defense to the counterclaim is dismissed, affirming that the plaintiff's claims against the 2nd defendant lack sufficient legal foundation as the defense was not specifically pleaded.
• A declaration is granted that the 2nd defendant is the fee simple owner of 154 Wilkinson Road as evidenced by a properly registered conveyance (No. 1895/2022 in volume 941, page 8).
• The writ of summons against the 2nd defendant is struck out as the plaintiff's claim relies on a survey plan not in the Ministry of Lands records and title deeds not registered, rendering the documents invalid for legal action.
• Judgement is entered for the 2nd defendant on his counterclaim because the plaintiff's title to 154 Wilkinson Road was not established, and the counterclaim is valid under the presented conveyance and registration.

Remedies

• A declaration is granted that the 2nd defendant is the fee simple owner of all that piece and parcel of land situate, lying and being at 154 Wilkinson Road as evidenced in a deed of conveyance dated 6th October 2022 and duly registered as numbered 1895/2022 at page 8 in volume 941 of the Record books of conveyance.
• The writ of summons against the 2nd defendant is hereby struck out.
• Judgement is entered for the 2nd defendant on his counterclaim.
• The defense to the counterclaim is hereby dismissed.
• An injunction is granted restraining the plaintiff from carrying out acts of construction, trespassing, mortgaging, leasing, renting, selling, or interfering with the land at 154 Wilkinson Road pending the hearing and determination of this action. The previous injunction dated 21st November 2024 is hereby lifted.
• The costs of this application, summarily assessed at nLe10,000, shall be borne by the plaintiff and paid to the defendant, forthwith.
• I make no order with respect to damages.

Legal Principles

• The court relied on CAP 128 of the Laws of Sierra Leone, which mandates that all survey plans must be countersigned by the Director of Surveys and Lands. The plaintiff's survey plan (LS 1895/81) lacked this required countersignature, invalidating her title claim. The defendant's validly countersigned plan (LS 1895/2022) was confirmed by the Ministry of Lands and Freetown City Council as legally binding.
• Under Order 21 rule 8 of the High Court Rules 2007, the court held that the defense of limitation must be specifically pleaded by the defendant (or plaintiff in a counterclaim defense). The plaintiff's failure to plead limitation in her defense to the counterclaim rendered the argument inadmissible, as the court cannot assume unpleaded defenses.
• The court applied the principle of 'Nemo Dat' from the Seymour Wilson v Musa Abess case, emphasizing that a plaintiff claiming title must establish their own valid chain of ownership rather than relying solely on the defendant's inability to prove title. The plaintiff's failure to demonstrate a valid title through proper documentation led to the dismissal of her claim.

Precedent Name

• Sorie Tarawallie v Sorie Koroma
• Dauda Koroma and others v Victoria Christian Bishop
• The Director of Lands and Survey v Alhaji Amandu Wurie Jalloh
• Frederick Max Carew and Dr PK Lavahun
• Rugiatu Mansaray v Isatu Bangura
• Seymour Wilson v Musa Abess

Cited Statute

• High Court Rules 2007, Order 17
• CAP 256 of the Laws of Sierra Leone
• CAP 128 of the Laws of Sierra Leone 1960
• Limitation Act No 51 of 1961
• High Court Rules 2007, Rule 10

Judge Name

Passage Text

• The court emphasized that the defense of limitation must be specifically pleaded in accordance with Order 21 rule 8 of the High Court Rules 2007. It stated that the defense of limitation cannot be raised in an affidavit in opposition and that the plaintiff's failure to plead it precludes its consideration.
• The court ruled that the writ of summons against the 2nd defendant is struck out, judgment is entered for the 2nd defendant on his counterclaim, and a declaration is made that the 2nd defendant is the fee simple owner of 154 Wilkinson Road as per the registered conveyance.
• The court noted that the Ministry of Lands and the Administrator and Registrar General confirmed the plaintiff's documents (survey plan and conveyance) were not in their records. It concluded that the plaintiff had not provided evidence to challenge these findings and that the matter should not proceed to trial.