TRespass and

By Emma Black

 

For over eight years, a family in the diaspora has faced an arduous battle against land encroachment, corruption, and defiance of court orders in Sierra Leone. The case revolves around Mr. Moses Sendor, a Ministry of Lands, Housing, and Country Planning (MLHCP) employee, who has been accused of illegally constructing a massive entertainment complex on an access road in Fornima, Goderich. The unlawful construction has completely blocked the family’s access to their property, causing significant emotional and financial distress.

Mr. Sendor used a falsified survey plan dated September 2, 2019 (LS7639/19), which expanded his landholding beyond its original size. The plan was approved and authenticated by senior MLHCP officials despite clear discrepancies. According to court documents, the original survey plan from September 19, 2017, allotted 0.1079 acres to Sendor, while the later, fraudulent plan increased his land to 0.1386 acres—encroaching on a 14.8-foot-wide access road owned by the diaspora family.

Despite having no conveyance, building permit, or legal documentation for this additional land, Sendor proceeded to construct an entertainment center and shop, blocking access to the family’s property.

The case exposes deep-rooted corruption within the MLHCP. Reports indicate that senior ministry officials, including Eng. Musa Koroma and Eng. Joseph, allegedly demanded NLe 40,000 to demolish the illegal structures. Even after the High Court ruled in favor of the diaspora family and ordered the immediate demolition of the encroaching buildings, no action was taken.

Furthermore, the family’s lawyer, Mohamed Pa-Momo Fofanah, documented in a sworn affidavit that Sendor openly defied multiple court injunctions issued since March 30, 2021, continuing his construction despite legal prohibitions.

On February 21, 2024, the High Court, under Justice Fisher, ruled that Sendor did not have a conveyance for the 2019 survey plan and had not legally acquired the additional land. The court ordered the demolition of the illegal structures and instructed Sendor to compensate the family with NLe 120,000. Despite this judgment, the family has not received the awarded damages, even after paying NLe 7,350 in taxes on the amount—highlighting the inefficiency and lack of enforcement in Sierra Leone’s judicial system.

In a further attempt to obstruct justice, Sendor’s lawyer, Mr. Daniel Fofanah, reportedly sent an audio message urging the family to ignore the court order and allow the structures to remain standing. The court’s rulings were supposed to be pasted on the walls of the illegal buildings as a final warning, but they were torn down in a blatant act of defiance.

The family’s ordeal is emblematic of the challenges many Sierra Leoneans in the diaspora face when trying to maintain ownership of their legally acquired properties. Fraudulent land transactions, ministry complicity, and court enforcement failures make it exceedingly difficult for them to reclaim what is rightfully theirs.

“This problem affects a lot of Sierra Leoneans, especially those in the diaspora. We are treated very unfairly almost all the time,” the family stated, the family remains resolute in their fight for justice and urges authorities to take decisive action against the illegal construction. They demand:

The immediate enforcement of the court ruling, including the demolition of the structures blocking the access road, a transparent investigation into MLHCP officials involved in the falsification of documents and corruption, the return of their access road and the payment of court-ordered damages.

The case serves as a stark reminder of the systemic corruption that plagues land ownership and property rights in Sierra Leone. Without urgent intervention, similar injustices will continue to victimize law-abiding citizens, particularly those who invest in their homeland from abroad.

For now, the family remains locked in a legal and bureaucratic battle, determined to reclaim their rightful access and expose the deep-seated corruption that enabled this ordeal to unfold.