District Appeal Court Upholds Local Court Decision in Kenema Property Dispute

District Appeal Court Upholds Local Court Decision in Kenema Property Dispute

The District Appeal Court sitting in Kenema has ruled in favor of the respondent, Ibrahim Seaga Shaw, in a land title dispute involving property situated along Dama Road, dismissing the appeal brought forward by Ishmeal Mohamed Kamara.

Presiding over the court as Chairman, Magistrate Wilbri Hamida M. John delivered the judgment following a comprehensive review of the proceedings. Bockarie J. Adu Esq. represented the appellant, while Joseph Bandabla Dauda (JBD) served as counsel for the respondent.

The legal conflict originated from an earlier decision by the Local Court No. 1 in the Nongowa Chiefdom, Kenema District, which had initially determined the property’s ownership in favor of Mr. Shaw. Seeking to overturn the verdict, Mr. Kamara filed an appeal on several grounds, alleging that the Customary Law Officer erred in law and fact by disregarding key evidence. 

The appellant contended that the ruling went against the weight of the evidence, specifically noting that he had acquired the land from Mr. Saffa Mambu, who was at the time the recognized vendor for the landowning family in charge of sales for that area.

During the appeal proceedings, legal counsel for both sides presented testimony from witnesses who were subjected to cross-examination and questioning by the court's assessors, Chief Lansana and Mr. Gaimba. 

To further clarify the facts, the court conducted a locus in quo (site visit) on November 20, 2025. Following the inspection, Court Registrar Emmanuel Cooper submitted a formal report to the court, recorded in the presence of the Chairman, assessors, counsel, and both parties.

In evaluating the arguments, Magistrate John noted the legal requirements for establishing title on a balance of probabilities, which include producing a recognized root of title, establishing clear boundaries, showing acts of ownership and possession, and presenting traditional or historical evidence under customary law.

The Chairman highlighted the credibility of testimony provided by key witnesses. In particular, the court found the testimony of Mammy Yonga persuasive regarding her possession of the land through the late Pa. Alhaji Shaw, which was corroborated by the respondent's witnesses. 

Additionally, testimony from Mr. Mohamed Ngombulango, head of the Ngombulango landowning family, provided critical historical details concerning the family's land holdings.

Addressing the final determination, Magistrate John emphasized that the law leaves no ambiguity or tie in legal matters, requiring a conclusive decision based on the failure of a party to meet the burden of proof.

Consequently, the court ruled that the appellant had failed to discharge the necessary burden of proof. The District Appeal Court ordered that the decision of the Customary Law Officer of Local Court No. 1, dated February 24, 2025, stands. 

Mr. Kamara was directed to vacate the property and surrender possession to Mr. Shaw. 

In addition, the court ordered the Ngombulango landowning family to provide Mr. Kamara with an alternative portion of land of equivalent specifications, free from encumbrances and located on a main road in Kenema. No order as to costs was made.