Automated Summary
Key Facts
The Appellant claimed ownership of land in Simiria Town, Freetown, by asserting it was purchased from the Respondent with a 1996 survey plan (LS2371/96). The Respondent, however, provided evidence of a 1995 government-conveyed lease (SLS62/92) and testified that the Appellant occupied the land temporarily after fleeing rebel attacks in Kono. The trial judge found no credible evidence of a sale or part performance, disbelieving the Appellant and his witness. The Appellant's appeal argued equitable principles and Statute of Frauds applicability, but the Court of Appeal upheld the trial judgment, emphasizing the lack of written proof and the Appellant's failure to produce receipts for building materials. The appeal was dismissed with costs to the Respondent.
Issues
- The Appellant contends that the Learned Trial Judge's decision on the applicability of the Statute of Frauds, 1677 to the absence of receipts showing that the Appellant had purchased building materials, was wrong.
- Whether the Learned Trial Judge applied the rules of equity correctly to the issue of a re-survey done by the Appellant of the Respondent's portion of land.
- Whether the Judgment was against the weight of the evidence.
Holdings
- The Learned Trial Judge correctly applied the law, noting that Section 4 of the Statute of Frauds, 1677 remains law in Sierra Leone, requiring a written memorandum for the sale of land.
- The Appellant's appeal is dismissed with costs to the Respondent, who is also awarded the costs of the action in the Court below.
- The draft conveyance, created seven years after the alleged agreement, was deemed insufficient as a memorandum in writing and considered self-serving, not supporting a valid agreement to sell the land.
- The Trial Judge disbelieved the Appellant and his witness, Sallu Koroma, based on their credibility assessment during the trial.
Remedies
- The Respondent is awarded the costs of the action in the Court below. The Court of Appeal ruled that the Appellant must pay the Respondent's legal costs for the original case.
- The Appellant's appeal against the High Court's judgment was dismissed with costs to the Respondent. The Court of Appeal found no evidence of part performance or valid documentation supporting the Appellant's claim.
Legal Principles
The court applied Section 4 of the Statute of Frauds, 1677, which requires contracts for the sale of land to be in writing. It emphasized that equity cannot enforce a parol (verbal) contract for land sales and that a draft conveyance prepared after litigation commenced cannot serve as valid evidence of an agreement. The judgment also highlighted the trial judge's correct assessment of the Appellant's failure to meet the burden of proof for part performance of a contract.
Cited Statute
Statute of Frauds, 1677
Judge Name
- The Honourable Mr Justice S A Ademosu
- The Honourable Mr Justice N C Browne-Marke
- The Honourable Mr Justice E E Roberts
Passage Text
- There was credible evidence which the Court below accepted and believed, from the Respondent's wife, PW4, at page 121 of the Record; and from Mohamed Koroma, PW3 at page 120 of the Record, that the Respondent merely gave a Licence to the Appellant to occupy a piece of his land on the understanding that his stay would be of a temporary nature, and that he would be returning to Kono as soon as it was safe to go there.
- There is a period of 7 years between the two documents. One cannot escape drawing the inference that it may have been prepared after litigation commenced in March, 2003. Of importance too, is the fact, noted by the Learned Trial Judge in her judgment - see page 77 of the Record, that it was merely tendered for identification, and not as an exhibit in the case.
- We have read the judgment of the Learned Trial Judge, and we agree with her that the point of importance in the case before her, was whether there was evidence of performance, or, of part performance coming from the Appellant. There was merely his say-so, and that of his witness, and neither of them were believed by the Learned Trial Judge.