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Judge orders Plaintiff to pay Le30m as Security cost to APC

March 18, 2021

By Ibrahim Kabba Turay

Justices Adrian Fisher, who is presiding over the ongoing injunction matter against the All People Congress (APC), Dr. Ernest Bai Koroma, and Osman Foday Yansaneh, has ordered the plaintiff to pay thirty million Leones as Security Cost to the Defendants.

Justice Fisher noted that the plaintiff is not ordinarily resident in Sierra Leone, and that he should pay that amount should he fail in his argument. 

Earlier in Court, lawyer Africanus Sesay for the second defendant  argued that the applicant hasn’t the ‘locus standi’ to come before the court and that the plaintiff didn’t show any urgency that existed or still exist on grounds of which the injunction can be sought.

 He added that what the applicant was asking the court to do was to give life to an order that shouldn’t have even existed.

He submitted that the plaintiff failed to show or indicate his interest in the planned activities of the party in light of the wrong done to him.

He submitted that the plaintiff is not a resident in Sierra Leone; therefore, the court should not hear his case. He demanded that the plaintiff pays a security cost of Ten Billion Leones.  

In his ruling, Justice Fisher said the security cost demanded by the defendant is sole discretion of the court, adding that should the defendants succeed in their argument; the plaintiff will pay damages for which he has already given an undertaking in his affidavit.

He said after the matter should have come to an end, he will fix the amount of security cost that will be given, but ordered that the plaintiff shall pay a security cost of thirty Millions Leones to the defendant.

He ordered that the plaintiff pays the said security cost within seven days not later than Wednesday, 24th March, 2021.

He also ruled that the plaintiff should make available evidence of the security cost to both the court and the solicitors of all defendants in the matter.

He noted that if the plaintiff and the solicitor of the plaintiff fail to comply with order two, three and four, a substantive action shall be taken against them.

He said if the plaintiff complies with order two, three and four, both parties shall be served their relevant authorities not later than the 4th April, 2021.

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