The Supreme Court of Sierra Leone has ruled against the Minister of Lands, Dr. Turad Senessie, affirming that private citizens cannot be forcibly removed from their land, as guaranteed under Section 21 of the 1991 Constitution.
The ruling 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 over the case, Justice Glenna Thompson (JSC) emphasized that the signature of the Director of Surveys on a survey plan is a critical step confirming that a property is not state land.
The court made it clear that the state or its representatives cannot arbitrarily seize private property when the owners hold valid deeds and properly certified survey documents.
“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,” Justice Thompson ruled.
In a significant victory for property rights, the Supreme Court set out new criteria for assessing damages in cases of constitutional violations. It awarded compensation for trespass and breach of Section 21 of the Constitution against Dr. Senessie.
Other justices on the panel included Justice A. B. Halloway (JSC), Justice Alusine Sesay (JSC), Justice Abdulai Bangura (JSC), and Justice R. S. Fynn (JA).
This ruling is expected to have far-reaching implications for land ownership disputes in Sierra Leone, reinforcing legal protections for private property owners against government encroachment.
