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Thursday, February 2, 2023

Aisha vs. the ‘Kanus’

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Aisha vs. the ‘Kanus’

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For almost three consecutive sittings, the two young and vibrant lawyers have been legally fighting in court. Insistently, the lawyer representing the ‘Kanus’ – B. S. Kamara contended on what he called the legality of the Appellant’s Affidavit submitted in court, July 3rd 2017, whereas Lawyer R. S. Bangura persistently defended the legality of the Affidavit; and both quoted several ‘Orders/Rules’ of the Magistrates and High Courts.

The matter had initially come up July 24th 2017, but thrown out of court by the magistrate, for reason been the fourteen days had exceeded, pursuant to the Local Court Act 2011, and the Applicant –  Aisha Yeama Conteh pleaded with the court to grant orders which demanded an enlargement of time as accompanied by a Motive of Motion/Notice of Appeal. 

Several adjournments have taken place since then. On Friday, August 18th 2017, in his wisdom, Magistrate Sheka Papa Kamara overruled and said: “The content of the matter for which the two sides have been in court should then be looked into; following several contentions and adjournments that surrounded the legality of the affidavit”.

Before the court could allow the Applicant – Aisha, to speak on the matter for the first time, her Lawyer – Randi, told his landed counsel that because he knows that he has a very bad case, he would want to technically waste the precious time of the court on insistence.    

Aisha however testified in court with show of documents she claimed to have received from a late uncle – A. C. Conteh, for her late father’s estate, including the disputed land. She could not give a clear size or demarcation of the disputed land, but relied on  what she called the agreement document between her late father and the ‘Kanus’.

She added that the disputed land starts right from the main Teko Road in Makeni – to the Teko River, onto the nearby village called Romyanka.

She further submitted a document between her late father and the ‘Kanus’ which claims that the late Dr. Hadj Momoh Conteh went into a ‘buying and selling’ agreement for the disputed hectares of land in 1969 with the ‘Kanus’, having paid the sum of two – hundred Leones (Le. 200,00), and remained a balance payment of four – hundred Leones (Le. 400,00).

Aisha said she’s the only surviving daughter of her late father, apart from a brother she said had passed away. She told the court: “I returned from the United States in 2007, following my late uncle’s call for submission of documents for my late father’s estate”. Upon arrival, she went on: “I visited the late Paramount Chief of the then Makarie Gbantie Chiefdom – PC Massayele Antham, who invited the ‘Kanus’ and asked us to settle the matter.  I had to travel again to the US, and when I returned to Sierra Leone, I then faced resistance from the ‘Kanus’, against my possession of the property, despite willingness to pay the balance – as can be equated by the Central Bank”.

So far, the ‘Kanus’ have not spoken in court, and the matter adjourned to Friday, August 25th 2017.  It could be recalled that Aisha recently defeated her uncle – the Paramount Chief of Konikay Barina Chiefdom, Tonkolili district, north – east of Sierra Leone – Alhaji Alimamy Sorie Conteh Kathenkeh 11,  three consecutive times, at the local and magistrates and high courts in Makeni, over a four – hectare  land dispute, situated at 5 Old Mabanta Road, Makeni.

Aisha Yeama Conteh, however, is a Sierra Leonean and US citizen who traveled to Sierra Leone from the US, about three years ago, to retrieve her late father’s property including several hectares of lands and houses located in different parts, especially Bombali district, from where her late father – Dr.  Hadj Momoh Conteh,  a medical doctor hailed. The Kanu family is one of the indigenes and custodians of Karineh village, Teko, Makeni.

The matter continues…

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