By Theresa Kef Sesay
A Legal Aid Board client, Nasratu Conteh, was advised by Honorable Justice Alusine Sesay JSC on the 22nd March 2022 to return to her matrimonial home nearly two months after she was summarily ejected from the property and rendered homeless.
The advice came in the wake of a judgment passed by Magistrate Abu Bakarr Bangura of the Waterloo Magistrate Court.
Nasratu’s husband who lives in Australia had filed a summary Quit Notice through Lamin Suma who has Power of Attorney. Magistrate Bangura gave judgment in favor of the applicant, Sidique Conteh, who happens to be the husband of Nasratu Conteh on the grounds that Nasratu is a tenant in her own matrimonial home.
According to Nasratu, she met Sidique Conteh who was to become her future husband in March 2005. He moved to Australia in 2007 but would visit the country on a regularly basis to see his wife. They got married in January 2010. The marriage is blessed with a daughter who was born in December 2011.
During this period they built a house at Campbell Lane, Rokel in the Western Area Rural District. The construction was supervised by the wife.
Nasratu’s life and marriage was turned upside down in 2019 when she was served both an unsigned divorced certificate and a summary Quit Notice by her husband’s lawyer, Gassimu Conteh.
At the Waterloo Magistrate Court where the matter was heard, Magistrate Abu Bakarr Bangura delivered judgment in favour of the husband even though Nasratu had testified that she contributed to the development of the matrimonial property and more importantly she is the wife to the applicant, Sidique Conteh.
She had told the court that she contributed to the development of the said property from her share from the sale of her father’s property in Kenema. She used her share from the sale amounting to Five Million Leones (Le 5,000,000) as her contribution. These evidences were completely discarded by Magistrate Bangura.
Following the judgment and her eviction from her matrimonial home by the court, a visibly emotional and dejected Nasratu came to the Legal Aid Board to seek help noting that she has been thrown out of her matrimonial property. According to Nasratu the property has since been occupied by a women believed to be the girl friend of her husband since judgment was delivered on the matter.
The Legal Aid Counsel, Cyril Taylor-Young filed an application at the High Court for Judicial Review Pursuant to Order 52 of the High Court of Sierra Leone 2007 in respect of the judgment at the Magistrate Court dated 28 January 2022.
Counsel Taylor-Young had argued that Mrs. Nasratu Conteh is not a tenant but a landlord. He dismissed any suggestion that his client is a tenant stressing that they both own the matrimonial property on 8 Campbell Lane at Rokel.
The Supreme Court Judge opined that the Presiding Magistrate had no jurisdiction to determine title but rather should have considered purely the issue of landlord and tenant relationship under Cap 49 of the Laws of Sierra Leone 1960. He underlined that the subject matter of the property surrounding the evidence is matrimonial property.
“There were several issues that were not in dispute such as the issue of husband and wife and the contribution by the respondent. Have these issues been considered, the presiding Magistrate ought not to have proceeded to order or grant possession to the applicant,” the Learned Judge opined.
As a consequence, Justice Alusine Sesay decided to set aside Magistrate Abu Bakarr Bangura’s judgment. Also, he ordered the Under Sheriff to deliver ‘vacant possession of the premises at 8 Campbell Street to Nasratu within seven days of the Order. Moreover, the husband, Sidique Conteh should bear the costs involved in executing the Order.
The Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles has hailed Justice Alusine Sesay for the Order which she said will come as welcome relief to tens of thousands of women around the country who find themselves in a similar situation.
“We have these types of cases all over the country and we have always told our clients that they are not tenants and therefore should not worry about any threats of eviction,” she said.
“At the risk of sounding repetitive, I will not hesitate to draw the attention of Magistrates to this line from Hon. Justice Alusine Sesay’s legal opinion on this matter which reads: “The Presiding Magistrate had no jurisdiction to determine title but rather should have considered purely the issue of landlord and tenant relationship under Cap 49 of the Laws of Sierra Leone 1960”. She said indeed a Daniel has come to judgment.
Ms. Carlton-Hanciles contacted the Under Sheriff, Fata Gabissi soon after the Order was issued by Justice Sesay underlining the need for it to be executed in a timely and expeditious manner so that the client could stop sleeping rough around.
She also seized the opportunity to thank the new Chair of the Legal Aid Board, Justice Ansumana Ivan Sesay JA for supporting the course of justice.
Ms. Carlton-Hanciles reserved his strongest warning for a U.S. based chap who flew into the country to evict his late brother’s wife from their family property because he wants to sell the property and take the money to his second home in the United States.
“You have not withdrawn the quit notice even though we have told you your brother’s wife is not a tenant, we dare you to go court,” she said. “Meanwhile, you can continue to take the law into your hands by harassing and intimidating our client who happens to be your late brother’s wife but be rest assured you will not go away with it.”
