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Sierra Leone
Published online by Cambridge University Press: 28 July 2009
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- Copyright © School of Oriental and African Studies 1968
References
1 [1955] 2 All E.R. 833.
2 (1610), 8 Co. Rep. 114.
page 91 note 1 [1964] 2 All E.R. 785. See too A-G for Mew South Wales v. Trethowan, [1932] A.C. 526, Harris v. The Minister of the Interior, [1952] 2 S.A. 428.
page 91 note 2 The phrase and idea are taken from the judgment of Diplock L.J. in Buck v. A-G, [1965] 1 All E.R. 882, at p. 888. He did not consider the parties in the case had any interest on which they could have a claim in the punctum temporis during which the Sierra Leone (Constitution) O. in C. 1961 was in force before Sierra Leone became independent.
page 92 note 1 On this argument Akar's only chance of stopping the legislation would have been to apply to the court for an injunction to prevent the Bill from being presented for the Royal Assent, or to stop the legislative process at an earlier stage, on the grounds that Parliament had no power to pass a discriminatory enactment. It is unlikely that an injunction would issue in those circumstances though the position might be different if the allegation was that the National Assembly had not complied with like proper procedure for passing an act amending the Constitution. Cf. Trethowen's Case (supra).
page 92 note 2 Robins v. National Trust Co., [1927] A.C. 515; Coorav v. R., [1953] A.C. 407.
page 92 note 3 E.g. Adegbenro v. Akintola, [1963] 3 All E.R. 544.
page 92 note 4 O'Emden v. Pedder (1904), 1 C.C.R. 91 (Aust.); Croft v. Dunphy, [1933] A.C 156 (Canadian appeal to J.C.P.C.), Ibralebbe v. R., [1964] A.C. 900 (Ceylonese appeal to J.C.P.C.). See generally on this whole question, Roberts-Wray, Commonwealth and Colonial Law, pp. 369–70, 373–5.
page 92 note 5 (1885), 10 App. Cas. 675.
page 93 note 1 Phillips v. Eyre (1870), L.R. 6 Q..B. 1. (Jamaican Act of indemnity upheld). R. v. Kidman (1915), 20 C.L.R. 425 (Australia), Abeyesekera v. Jayatilake, [1932] A.C. a60 (Ceylon). Corbett v. Floyd, [1958] E.A. 389 (Kenya).
page 94 note 1 It is interesting in this connection to note that the Creoles, who number approximately 1% of the population, had 23% of the seats in the legislature in 1960: Kilson, Political Change in a West African State, p. 232.