By Saio Marrah
The Court of Appeal has granted leave to Aiah Fengai and 73 others who are part of a group known as Marginalized Affected Property Owners to appeal a High Court decision stopping them from bringing a case against the Kono-based mining company.
Justice Sydney Reginald Fynn, who chaired the three judge panel, noted in the ruling delivered in Freetown last Thursday 29th February 2024, that the notice of appeal filed by the lead appellant Lawyer Chernor M.B Jalloh, representing the marginalized affected property owners and others was filed within the time limit.
The ruling further indicated that the notice of appeal was cleared to do so because when the High Court, which struck out the consolidated case or summons brought against the mining company, opened room for appeal, pointing out that the decision was not final but “interlocutory.”
He said the High Court did not look into the merit of the consolidated summons against Octea mining company, but concluded that it lacked jurisdiction to hear the matter.
The Court of Appeal further ordered both parties to file the synopsis of their submissions before 10 March this year to be followed by oral submissions of both parties on 16th April this year.
Lawyer Drucil E. Taylor for the Octea Mining Company had argued in the High Court that the plaintiff lacked the capacity to enforce the Community Development Agreement, resettlement agreement, mining lease agreement, and statutory provisions of the Mines and Minerals Act and the Environmental Protection Agency Act.
Lawyer Taylor also argued in the Court of Appeal that the decision of the High Court was final.
Copyright © 2024 Politico (04/03/24)
