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High Court orders stay of execution

09,Nov 2016
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By Mohamed Kai

A High Court in Freetown has granted stay of execution to the bailiff department not to carry out any execution order on residents occupying a property situated at 57 Peninsular Road, Goderich west of Freetown.

According to Justice Alusine Sesay said he was overturning an earlier ruling delivered by a colleague appellant judge, Justice Reginald Fynn, in the same matter, especially when the facts were well established.

He said, there was no Judge that adjudicated the matter ever delivered ruling that the plaintiff, Wurroh Timbo, did not have a child with his wife, Haja Mabinty Timbo, the defendant, and that there was also nothing to show the court that they were not legally wedded husband and wife.

Justice Alusine Sesay made it clear in his ruling that the magistrate court lacks the constitutional provision or standpoint to determine issues of divorce between two legally wedded couples, stating that the issue of marriage and child maintenance between the plaintiff and defendant was totally different from the matter before him.

He concluded by admonishing all parties concerned to maintain the President’s peace and should desist from militant acts or any action that might violate the public order act on the said land, and assured that the court would also look into the other substantive matters prayed by the defendant, Haja Mabinty Timbo.

The defendant was represented by Lawyer Pa Momoh Fofanah, whiles plaintiff, Wurroh Timbo, had no representation.  

In a separate development, Justice Sesay,remanded a law student of Fourah Bay College, Samuel Sylvanus Sam and a community youth, Ishmeal Conteh, at the male correctional centre on Pademba Road in Freetown for the offence of murder, contrary to offences against the Person Act of 1861.

Accused persons were alleged to have murdered diseased, Abubakar Kamara, in Freetown, but lawyers representing accused persons, Teddy Koroma and Ishmael Philip Mammie informed the court that their clients were mere victims of circumstance and mistaken identity.

Justice Sesay, however, opined that the accused persons were alleged to have murdered somebody in Freetown and the court would have to look into the evidence before taking any further line of action.

The matter was adjourned to 21November 2016.   

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