Judiciary of Sierra Leone Communications, Law Court Building, Freetown, 4th February 2025: The Supreme Court of Sierra Leone has on the 6th of February, 2025 ruled that private citizens cannot be forcibly removed from their land as Section 21 of the 1991 Constitution guarantees the protection of private property.
Giving the judgment in the case of the Plaintiffs Theophilus Pratt and Hawanatu Pratt v the Defendants Dr Turad Senessie, Minister of Lands, the Director of Surveys, Abdul Rahman Sesay, Adonis Bull, Sento Kamara and the Attorney General and Minister of Justice, the Presiding Judge, Hon Justice Glenna Thompson (JSC) stated that the signature of the Director of Surveys on a survey plan is not merely perfunctory. It is a crucial step that indicates that the land is not state land.
The court held that it should be abundantly clear that private property cannot be forcibly removed from its rightful owners for any reason, except as provided for in the constitution and in accordance with the procedures set out in law.
“The State, or those acting on its behalf, must not, cannot, and should not arbitrarily enter into any private property claiming ownership where the private person has valid deeds supported by a survey plan signed by the Director of Surveys.”
The court has now set out the criteria for damages for breach of fundamental rights guaranteed by the Constitution and went on to award damages for trespass and damages for breach of section 21 of the Constitution against the 1st Defendant, Dr Turad Senessie, the Minister of Lands. Other members of the Supreme Court panel were, Hon. Justice A. B. Halloway (JSC), Hon. Justice Alusine Sesay (JSC), Hon. Justice Abdulai Bangura (JSC), Honourable Justice R. S. Fynn JA.
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