AFRICAN LAW

REPORTS

SIERRA LEONE SERIES
1957-1960

Editor in Chief

ALAN MILNER

LL.B., LL.M., PH.D., M.A.,

of Gray's Inn, Barrister-at-Law,

Fellow of Trinity College, Oxford

Series Editor

M. ROWENA PRICE, B.A., M.A.

Editorial Assistant

SUSAN ABRAHAMS, LL.B.

1971

Oceana Publications Inc., Dobbs Ferry, N.Y., U.S.A.

The publication of THE AFRICAN LAW REPORTS has been
made possible by an editorial grant from the Ford Foundation
administered by the International Legal Center, New York.

THE AFRICAN LAW REPORTS acknowledge with thanks
the co-operation of the Bodleian Law Library, Oxford, in
making available research facilities for the editorial work of
the REPORTS.

Copyright 1971 by The African Law Reports

Library of Congress Catalog Card Number 67-26375

Standard Book Number-Series 379-16000-5

Title 379-16007-2

PRINTED IN GREAT BRITAIN BY THE EASTERN PRESS, LTD., LONDON AND READING

INTERNATIONAL ADVISORY BOARD

THE RT. HON. SIR ADETOKUNBO ADEMOLA, Chief Justice of Nigeria THE HON. D. A. R. ALEXANDER, Chief Justice of the South-Eastern State of Nigeria

ANTONY N. ALLOTT, Professor of African Law, University of London
THE HON. E. A. L. BANNERMAN, Chief Justice of Ghana

THE HON. M. A. BEGHO, Chief Justice of the Midwestern State of Nigeria
THE HON. PHILLIP BRIDGES, Chief Justice of The Gambia

THE HON. B. A. DOYLE, Chief Justice of Zambia

THE HON. SIR WILLIAM DUFFUS, President of the Court of Appeal for East Africa

THE HON. S. M. L. ENDELEY, Chief Justice of West Cameroon

THE HON. ATO NEGUSSIE FITAWAKE, President of the High Court of Ethiopia

THE HON. M. F. H. HOLDEN, Chief Justice of the Rivers State of Nigeria THE HON. H. R. JACOBS, Chief Justice of Lesotho

THE HON. SIR SAMUEL BANKOLE JONES, President of the Court of Appeal for Sierra Leone

THE HON. ADEJUMO KESTER, President of the Court of Appeal of the Western State of Nigeria

THE HON. M. K. MWENDWA, Chief Justice of Kenya

THE HON. MOHAMOUD SHEIKH AHMED MUSA, President of the Supreme Court of Somalia

THE HON. SIR PHILIP PIKE, Chief Justice of Swaziland

THE HON. SIR NIGEL REED, Chief Justice of the Northern States of Nigeria

THE HON. AUGUSTUS SAIDI, Chief Justice of Tanzania

THE HON. SIR DERMOT SHERIDAN, Chief Justice of Uganda

THE HON. J. J. SKINNER, Chief Justice of Malawi

THE HON. OSMAN EL TAYEB, Chief Justice of the Sudan

THE HON. JOHN I. C. TAYLOR, Chief Justice of the Lagos State of Nigeria

THE HON. J. DENDY YOUNG, Chief Justice of Botswana

A GUIDE TO THE ORGANISATION OF THE REPORTS

THE INDEX

contains entries for each proposition of law approved in the cases reported,
whether fundamental to the decision or obiter. There are multiple entries
for propositions which are of importance in more than one area of law
and the Index is extensively cross-referenced.

THE TABLES

list the previous cases referred to in the judgments, the legislation con-
strued or relied upon and the abbreviations used.

THE HEADNOTE OF EACH CASE

contains information about the court and date of judgment; the propositions
of law found in the case; a summary of the facts and issues; and a list
of previous cases referred to and of statutory provisions construed or
relied upon. The final order made by the court appears at the end of
the judgment.

THE PROPOSITIONS OF LAW

approved by the court in the case, whether ratio or obiter, are set out
in full in the headnote, together with an indication of where the proposition
is to be found in the judgment. The bold headings introducing each
proposition summarise the point of law and correspond to the appropriate
entry in the Index.

THE TERMS OF STATUTORY PROVISIONS

construed or relied upon are set out in full, either in the headnote or
in the body of the judgment.

THE RUNNING HEAD

at the head of each right-hand page gives the correct form of citation to
the case and indicates the court hearing it.

ALL QUOTATIONS AND REFERENCES

in the body of each judgment have been verified and correct case and
statutory references included.