By Alimatu Jalloh
Freetown, February 6, 2025 – The Supreme Court of Sierra Leone has ruled that private citizens cannot be forcibly removed from their land, reaffirming the protection of private property as guaranteed under Section 21 of the 1991 Constitution.
The judgment was delivered in the case of Theophilus Pratt and Hawanatu Pratt v. Dr. Turad Senessie, Minister of Lands, the Director of Surveys Abdul Rahman Sesay, Adonis Bull, Sento Kamara, and the Attorney General and Minister of Justice.
Presiding Judge Hon. Justice Glenna Thompson (JSC) emphasized that the signature of the Director of Surveys on a survey plan is a crucial step that indicates the land is not state property.
The court made it clear that private property cannot be forcibly removed from its rightful owners, except as provided for in the constitution and according to the procedures set out in law.
Justice Thompson stated, “The State, or those acting on its behalf, must not, cannot, and should not arbitrarily enter into any private property claiming ownership where the private person has valid deeds supported by a survey plan signed by the Director of Surveys.”
The court established the criteria for damages for the breach of fundamental rights guaranteed by the Constitution and awarded damages for trespass and breach of Section 21 of the Constitution against Dr. Turad Senessie, the Minister of Lands. Other members of the Supreme Court panel included Hon. Justice A. B. Halloway (JSC), Hon. Justice Alusine Sesay (JSC), Hon. Justice Abdulai Bangura (JSC), and Hon. Justice R. S. Fynn (JA).