By Jane B. Mansaray.
Justice Adrian Fisher yesterday ruled that the interim injunction slammed on the 26th February 2021 against the main opposition All Peoples Congress (APC) internal party activities is extended and will continue until otherwise determined by the court.
The Judge further refused an application for fortification made by Lawyer Ibrahim Issa Mansaray on behalf of the first defendant applicant, former President Dr. Ernest Bai Koroma.
In an application by way of notice of motion dated 5th March 2021, Lawyer Ibrahim Issa Mansaray sought for the plaintiff to give security cost of Ten Billion Leones as undertaking for damages to the defendant applicants.
Counsel urged the trial Judge to strike out the originating notice of motion dated 28th January 2021 and the interim injunction order dated 26th February 2021.
Ibrahim Issa Mansaray submitted that the grant or refusal for security cost rests on the court having regard to the circumstances of the case, and more importantly the provision of the High Court Rule of 2007.
The plaintiff, personally being out of the reach of jurisdiction of the court is a proper case for an order of security cost.
According to Lawyer Ibrahim I. Mansaray, there is absolutely no evidence before the court that plaintiff has fixed assets within the jurisdiction to satisfy any cost ordered by the court.
He further submitted that this is a case that seeks to effectively, not only nullify the position of the Leader and Chairman Ernest Bai Koroma, but to ground the third defendant, the APC to a total halt or cripple its activities.
“The action of the plaintiff, Alfred Peter Conteh is a ridiculous step taken, and a serious action that threatens the existence of the APC party,” Counsel I.I. Mansaray submitted.
Lawyer Mansaray supported his application and submission pursuant to Order 26 Rule 1 sub-rule 1 of High Court Rules 2007.
Plaintiff counsel, J.M. Jengo opposed the above application on the grounds that the affidavit in support of the application did not proffer reason for cost in favor of the first defendant Ernest Bai Koroma. He said the contribution of the plaintiff to the party is not about quantum, but the intention as they all have equal shares in the APC party.
Justice Adrian Fisher has adjourned the matter to the 17th March 2021 for ruling.
Alfred Peter Conteh is before the High Court seeking redress and remedy, challenging the illegal position occupied by Former President Ernest Bai Koroma, Ambassador Osman Foday Yansaneh as National Secretary General in the APC party and the role of the Political Parties Registration Commission (PPRC).
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