Chag v Wanza (CIVAPP 57/24)
Court of Appeal of Sierra Leone
Judgment Delivered on 11th February 2025
Coram – Hon. Justice K. Kamanda (Chief Justice), Hon. Justice M.A. Stevens JA, Hon. Justice T. Barnett JA
Counsel – J.M. Jengo Esq. (Appellant), P. Lambert Esq. (Respondent)
This appeal arose from a judgment delivered by Hon. Justice L. Taylor on 22nd July 2024, concerning a dispute over a property sale agreement dated 7th February 2023. The Appellant, Tanios Gebran Chaghoury, appealed against the lower court’s decision, which declared the sale agreement void due to non-registration under Section 4 of the Registration of Instruments Act, Cap 256 of the Laws of Sierra Leone 1960 (as amended). The Respondent, Jamal Kamel Wansa, sought a refund of the purchase price paid by the Appellant, less rent for the years 2023 and 2024. The central issue was whether the unregistered sale agreement was enforceable under law. The Appellant argued that the agreement was valid and that the lower court erred in declaring it void. The Respondent contended that the agreement was void ab initio due to non-registration, as mandated by Section 4 of the Registration of Instruments Act. The Appellant challenged the lower court’s order that the Respondent pay 10% interest on the refunded sum of USD 300,000, arguing that the court failed to consider the structural modifications made to the property. The Respondent, in turn, sought to vary the judgment, arguing that the interest award was unjustified. The Appellant also contended that the lower court erred in not allowing cross-examination of the Respondent, which could have clarified the authenticity of the Respondent’s claims. The Court of Appeal upheld the lower court’s decision, ruling that the sale agreement was void due to non-registration under Section 4 of the Registration of Instruments Act. The court emphasized that the statutory requirement for registration is sacrosanct and cannot be circumvented by common law principles such as promissory estoppel. The court also revoked the lower court’s order for the Respondent to pay 10% interest, stating that once the agreement was declared void, no interest could be awarded on a “dead” contract. The court further ruled that the Appellant should bear the costs of the action in both the lower court and the Court of Appeal. This case reaffirms the strict application of statutory requirements for the registration of land-related agreements in Sierra Leone. It underscores the principle that non-compliance with such statutory provisions renders an agreement void ab initio, regardless of the parties’ intentions or equitable considerations. The decision also highlights the limitations of common law doctrines like promissory estoppel in the face of clear statutory mandates. The Court of Appeal’s judgment in Chag v Wanza serves as a critical reminder of the importance of adhering to statutory formalities in property transactions. It reinforces the binding nature of Supreme Court precedents on lower courts and clarifies the legal consequences of failing to register land-related agreements under #SierraLeone law. https://www.ilraj.org/wp-content/uploads/2025/02/Chag-v-Wanza-JUDGMENT-ON-11-02-2025.pdf
