By Mohamed Mansaray in Kenema.
Late Alhaji Mohamed Allieu Shaw, First Imam of the Kenema Dama Mosque
The Encroached Land with make shift structures ordered to be vacated.
In the District Appeal Court Holding in Kenema between Ishmeal Mohamed Kamara an Appellant and Dr Ibrahim Seaga Shaw a Respondent before Magistrate Wilbri Hamida. M. John Presiding as Chairman of the District Appeal Court in Kenema has ended in favour of Dr Ibrahim Seaga Shaw, the Respondent and son/next of kin of late Alhaji Mohamed Allieu Shaw, who until his death in 1998 was the first Chief Imam of the Dama Road Mosque just opposite the encroached land.
Bockarie. J. Adu Esq. was Counsel for the Appellant and Joseph Bandabla Dauda aka JBD Junior was Counsel for the Respondent.
The matter is an Appeal for the determination of title of the property lying situate at Dama Road in Kenema. The Appeal was made on the following grounds that the Appellant was the Defendant at the Local Court No.1 in the Nongowa Chiefdom, Kenema District. That the said Local Court No.1 in the Nongowa Chiefdom adjudicated and determined the matter in favour of Plaintiff now Respondent hearing. That the Customary Law Officer of the Local Court, Kenema District erred both in Law and fact by ignoring the evidence of the Appellant and his witnesses. That the decision of the Customary Law Officer is against the weight of the evidence. That the Customary Law Officer of the Local Court failed to consider that the Appellant’s vendor Mr. Saffa Mambu Ngombulango sold the Land to him and at that time was the recognised vendor for the owing family that was in charge of Land (sales) for the location of the land disputed among others.
The Appellant, Ishmeal Mohamed Kamara’s Counsel led Three (3) witnesses who testified under oath after which were duly cross examined by opposing Counsel. Questions were also posed to all witnesses by both assessors of the District Appeal Court, Chief Lansana and Mr. Gaimba respectively.
The Respondent (Dr Ibrahim Seaga Shaw)established their case by leading witnesses who testified under oath and where duly crossed examined by the Appellant’s Counsel. They were asked questions by both assessors supra. A date was slated for a locus in quo visit which was carried out on the 20th November, 2025. At the conclusion of same, the Registrar of the Court, Emmanuel Cooper submitted a Report of the locus in quo visit conducted by the Chairman of the said Court in the presence of the two assessors, Counsels of the Appellant and the Respondent and the parties and their representatives.
Elements of proving Title to discharge their burdens on a balance of probabilities, the Appellant must have satisfied the following by producing a legally recognised root of title, identify the boundaries of the Land, show acts of ownership and possession if paper title is disputed. Traditional and Historical evidence that is mainly used in determining title matters in the provinces as they rely heavily on Customary Law.
In conclusion, Magistrate Wilbri Hamida. M. John Presiding as Chairman of the District Appeal Court could not conclusively respond to the questions which she thought would have led her to satisfactorily respond to the probable validity of the sales. The candour of Mammy Yongawo’s testimony led her to believe that it was probable that she was put in possession by the late Pa. Alhaji Shaw and the Respondent’s witnesses corroborated same. “Mr. Mohamed Ngombulango seems to me as the head of the Ngombulango Land owning family would know history and details of all Land that belongs to their family” she stated.
“A case before a court of law however can never end in a tie. ‘The Law leaves no lacuna in ensuring that a decision is always achieved in that there is always a provision on the conclusion of any Legal matter.”
Magistrate Hamida therefore ordered as the Appellant failed in discharging their burdens. The judgement delivered by the customary court officer of Local Court No.1 Local Court, Kenema District dated 24th February,2025 stands.
That the Appellant vacates the Res and give possession of the Res to the Respondent. That the Ngombulango Land owning family gives a portion of Land with the same specifications, free from encumbrances on a main road in Kenema to the Appellant. No order as to cost.
Copyright –Published in Expo Times News on Monday, 17th August 2026 (ExpoTimes News – Expo Media Group (expomediasl.com)
