By Jane B. Mansaray……………………………….
Over the late Chief Bai Shebora Yumkella 11 Estate, one of the main opposition Sierra Leone Peoples Party (SLPP) flagbearer aspirants, Dr. Kandeh Kolleh Yumkella and eight others have been dragged to court as defendants in a matter of the Will of the said Chief Yumkella who is now deceased testate dated 2nd February 1989.
The nine defendants in the matter including Haja Binta Yumkella, Mrs. Haja Fatmata Sankoh, Mrs. Khadija Mansaray, Dr. Kandeh Kolleh Yumkella, Mrs. Kankay Barlay, Mrs. Isata Suma, Foday Ahmed Yumkella, Adel Mullah, and Dr. Maligie Yumkella are currently before a Freetown High Court presided over by Justice A. Showers in a private matter filed in by one Mohamed Foday Yumkella as plaintiff.
The matter before the High Court is about the administration of the Estates Act, Cap 45 of the Laws of Sierra Leone 1960 and in the matter of the Trustees Act 1893 and the matter of the Wills Act 1837 and in the matter of the Will of the deceased.
It will be recalled that whiles the matter was in court for hearing, an application by Notice of Motion dated 12th July, 2016 was filed by the plaintiff’s counsel, Miss Glenna Thompson seeking an injunction restraining all the defendants from applying for a grant of probate for the said estate of the late Chief until the hearing and determination of the matter.
Secondly, restraining all the defendants from meeting as a Board of Trustees for the Late Yumekella Trust until the hearing and determination of the matter, and any further or other orders which the court deems fit, and costs in the cause.
This application is supported with an affidavit Lawyer Thompson sworn to on the 12th July 2016.
The application was opposed to by defendants’ Solicitor, Lawyer S.I. Yillah.
In her ruling on the application dated 29th November 2016, Justice A. Showers granted the application in favor of the plaintiff applicant and therefore ordered and granted as based on the application made, and thereby ordered the plaintiff from carrying on economic activities on the plantation and other properties in Samu Chiefdom, Kambia District in the Northern Province of Sierra Leone pending the hearing and determination of the matter.
That each party gives an undertaking in damages in the event that it turns out that the respective injunctions ought not to have been granted, and costs in the cause.
The matter was adjourned to 1st February 2017 for proper hearing.