By Musa Paul Feika
Lawyer A.M. Kaffoe, representing nine respondents in a private criminal summons, in an ongoing matter involving Mr. Alpha and eight others, before Magistrate Hadiru Daboh, at the Ross Road Magistrate Court No. 3, has applied by way of moving a Notice of Motion, dated 26th February, 2021.
He further submitted that there were two exhibits attached to the motion, marked as exhibits AF, which was a photocopy of a deal of settlement.
Mr. Kaffoe submitted that exhibit AF was the applicant’s response and relied on the entirety of the affidavit. He stated that the deceased, Madam Sallaymatu Deen Kamara, who doubles as the mother of the respondent applicant, before her demise, made a deal of settlement in respect of the property in question, where all the respondents are residing.
He submitted that the settlement was executed in favour of Ramatu Mansaray, Ibrahim Kamara, Rugiatu Kamara, Fatmata Kamara, Zainab Kamara and Isata Kamara.
According to Lawyer Koffoe, the old woman, who was then the administrator of the property, before her demise executed and made a will dated 6th December, 2019, in favour of the applicants.
He noted that there are two properties within the compound, which were executed in favour of the applicant and his sister, Kadiatu Kamara.
Lawyer Kaffoe noted that another will was executed in favour of Ibrahim Kamara, Rugiatu Kamara, Fatmata Kamara and Ramatu Kamara and three others. He said Madam Sallaymatu Deen Kamara executed those wills before she died. He added that it was after her demise that the applicant wanted to evict everybody from the property.
Lawyer Kaffoe made his application pursuant to Order 14, Rule 1, of the Magistrate Court Civil Procedure Rule of 1966. He also made reference to Order 18 and Rule 6 (2)(b) of the High Court Rule of 2007.
The prosecuting counsel, S. Campbell, raised no objection on the basis that he did not need an affidavit in opposition. The defence counsel’s application was granted and the matter was adjourned to 9th March, 2021.