100+ Free Sierra Leone Bar Finals Practice Questions

Explanation: A Writ of Summons is the standard originating process under the High Court Rules 2007 for actions where substantial disputes of fact are anticipated. Originating Summons is used when the main issue is the construction of a written law, deed, or contract, and there is unlikely to be any substantial dispute of fact.

Explanation: Under the High Court Rules 2007 of Sierra Leone, a Writ of Summons (including a concurrent writ) remains valid for service in the first instance for 12 months beginning with the date of its issue. If not served within this period, an application for renewal must be made before its expiry.

Explanation: Service of a writ or legal process on a registered company is effected by leaving it at, or sending it by registered post to, the registered office of the company. This is the statutory method of service on corporate bodies to ensure proper legal notice.

Explanation: Under Order 12 rule 11 of the High Court Rules 2007, the time limited for appearance in the case of a writ served within Sierra Leone is 14 days after the service of the writ. Failure to enter an appearance within that time may entitle the plaintiff to apply for judgment in default of appearance.

Explanation: An application for summary judgment under Order 14 can only be made after the defendant has entered an appearance. Once appearance is entered, the plaintiff can apply on the ground that the defendant has no defence to the claim or part of it, except in cases of libel, slander, malicious prosecution, false imprisonment, or seduction.

Explanation: Under Order 21 rule 1 of the High Court Rules 2007, unless a statement of claim is indorsed on the writ, the plaintiff must serve it on the defendant either when the writ is served or at any time after service of the writ but before the expiration of 10 days after the time limited for appearance.

Explanation: Under Order 21 rule 2 of the High Court Rules 2007, a defendant who appears must serve a defence before the expiration of 10 days after the time limited for appearance, or after the statement of claim is served on him, whichever is the later, unless the Court gives leave to the contrary.

Explanation: Third-Party Procedure is used when a defendant seeks contribution, indemnity, or other relief against a person who is not already a party to the action. It allows the third party to be brought into the suit so that all related claims can be resolved in a single trial.

Explanation: A Sheriff's Interpleader Summons is the correct procedural mechanism when property seized under execution is claimed by a third party. It brings the execution creditor and the third-party claimant before the court to determine who has title to the property.

Explanation: In cases of extreme urgency, an applicant may apply for an interim injunction ex parte (without notice to the other side) supported by an affidavit setting out the facts showing the urgency and the potential irreparable damage. This is temporary until a Motion on Notice can be heard.