Supreme Court of Sierra Leone: Frederick Max Carew V Dr. P.K. Lavahun

Abstract

This case reviews Frederick Max Carew v Dr P K Lavahun (SC. CW APP 1/96)(unreported), a Supreme Court of Sierra Leone decision addressing the evidentiary and doctrinal requirements governing declaration of title, trespass to land, and the identification of disputed property. The appeal arose after the Appellant’s claim for damages for trespass, declaration of title, and injunction was dismissed by both the High Court and the Court of Appeal. Before the Supreme Court, the Appellant argued that the Court of Appeal erred by determining the matter solely on one ground without addressing the remaining grounds of appeal. The Supreme Court clarified that an appellate court may properly dispose of an appeal on a single determinative issue where that issue goes to the foundation of the claim.  The central failing in the Appellant’s case was the inability to establish the identity of the land in dispute, an essential requirement grounded in authorities such as Kodolinye v Odu. The Appellant’s survey evidence was contradictory and insufficient, while the Respondent failed to trace title from the alleged original owner, thereby undermining both parties’ claims. As certainty of land is a precondition to any declaration of title or finding of trespass, the Supreme Court held that neither party had met the requisite burden. Accordingly, the Court set aside the decisions of the lower courts, non-suited the Appellant, and ordered a retrial.