February 26, 2021
By Ibrahim Kabba Turay
Justice Komba Kamanda (JA) of the Freetown High Court has yesterday thrown out of court the Matter between the All People’s Congress (APC) party and the National Reformation Movement (NRM).
On the 15th of January, 2020, the NRM had sought an injunction at the High Court to halt the National Delegates Conference of the APC which should have been held in Port Loko. Thus, the High Court put on hold the delegates’ conference.
On Monday 22nd February, Justice Komba Kamanada withdrew the file for ruling in respect of the matter. The judge’s action was predicated on the jurisdictional argument put forward by Ady Macaulay that, one of those who brought the original case to the High Court refused to go in line with the two others, who had wanted to discontinue their case against the APC
Earlier in court, Lawyer Macaulay had argued that the case before the court and the originating motion dated 15th January , 2020, was supported by the affidavit of Alfred Minkailu Koroma, being the 1st Plaintiff applicant on his own behalf, with nothing indicating that he did so on behalf of the other plaintiffs or with their consent.
He added that given the fact that the 1st and 2nd petitioners have discontinued their action and took with them the only affidavit sworn to by Koroma, in the absence of an affidavit that gives support to the body of the action left, the court should strike out the said action
He said the court should not act in vain and in the absence of an affidavit in support of the action of Sulaimani Kamara, and that it lacks the jurisdiction to proceed with the matter.
In his ruling, Justice Kamanada said the issue for determination in the application was a preliminary and jurisdictional objection raised by A. Macaulay, counsel for defendants that there was no application or action before the court after 1st and 2nd defendants had discontinued their action, which commenced by an originating notice of motion date 15th January, 2020.
He ruled that with the discontinuance of the 1st plaintiff, the only deponent to the affidavit, the originating notice of motion has no leg to stand on because it was no longer supported by an affidavit.
“That the originating notice of motion herein dated 15th January, 2020 is struck out. That the injunction granted by the court in respect of the matter is hereby vacated,” Justice Kamanda ruled.