By Jane B. Mansaray.
High Court Judge, Justice Bintu Alhadi yesterday ruled against the Sierra Leone Commercial Bank Limited as defendant in a civil summons filed by one Mr. Christopher Peacock as the plaintiff since October 2014.
The plaintiff matter before the Fast Track Court sought for the following reliefs: firstly that damages for anticipatory breach of contract between the parties, interest of 20% per annum, special damages and any other reliefs as the court may deem fit and just and costs of the action.
It will be recalled that on the 14th April 2016, the plaintiff filed an amended in relation to the matter with listed issues in dispute for determination by the court to wit, whether there was a binding contract between the plaintiff and the defendant or whether the plaintiff by his enquiry letters to the top management personnel of the defendant bank did exercise due diligence in a bid to perform the said contract except that his efforts were frustrated by and paralyzed by the non-cooperation of the defendant bank through its personnel concerned.
Delivering the judgment against the bank, Justice Bintu Alhadi said that having established the above, she concluded that the three properties shown as exhibit during the hearing, state that as being the subject of the court orders for sale should have been passed on to Mr. Peacock in accordance with the other exhibits which is the agreement that was entered into with the defendant.
Having considered the above issues, Justice Alhadi ordered the bank to pay damages of one hundred Million Leones to the plaintiff, Mr. Christopher Peacock with an interest of 10% per annum.
Decisions of the court arose from several questions as to whether there was a contract and what does a contract mean in law.
Justice Alhadi made reference to Pollock Principles of Contract, 13th edition 1950 and Trietel, the law of contract 11th edition 2003 that basically defined a contract as a promise or set of promises which the law will enforce or recognized by law.