Disclaimer: This lecture note is compiled by SAIO SORIE KABBA a grade A student of Sierra Leone Legal System module of

the University of Makeni – Law Department. The notes were taken during lectures as delivered by the course Lecturer
(Lawyer Jang Jalloh) in the 2020/2021 academic year. The rough notes were taken during lectures by way of typing while
lecture is being delivered and a final validation and editing done at home using the prescribed legal referrals/legislations.
This is not the only thing you need to pass the module but the key foundation that leads to good grades as it reflects what
the lecturer wants. I’m a testament of such good grades thus sharing for the benefit of others.
SIERRA LEONE LEGAL SYSTEM - LECTURE 4 & 5

LECTURER: LAWYER JANG JALLOH

TPOIC: THE LOCAL COURTS ACTS 2011

Section 2 – Establishment of Local Courts

This provides for the establishment of Local Courts for each Chiefdom in SL which
shall consists of the Chairman, his vice and others and shall be appointed by the
Chief Justice.

Section 3 – Avoidance of Conflict of Interest

This section provides that if the chairman or any member of the court is a party in
a matter before the court or has a personal interest, that chairman or member
shall not sit on the said matter. In a case where there is a doubt as to whether a
member of the court is a party or has an interest in a case before the court, such a
matter shall be referred to the District Magistrates’ Court for determination.

Section 15 – Jurisdiction of a Local Court

This section stipulates that a Local Court has jurisdiction over both civil and
criminal matters that fall within the local limits (Customary law) of it authority
(Original Jurisdiction). It jurisdiction is furthered to hear and determine any
criminal offences punishable by a fine not exceeding fifty thousand Leones (Le
50,000) or a term of imprisonment not exceeding six (6) months or both. To also
hear cases governed by general law where the claim does not exceed one million
Disclaimer: This lecture note is compiled by SAIO SORIE KABBA a grade A student of Sierra Leone Legal System module of
the University of Makeni – Law Department. The notes were taken during lectures as delivered by the course Lecturer
(Lawyer Jang Jalloh) in the 2020/2021 academic year. The rough notes were taken during lectures by way of typing while
lecture is being delivered and a final validation and editing done at home using the prescribed legal referrals/legislations.
This is not the only thing you need to pass the module but the key foundation that leads to good grades as it reflects what
the lecturer wants. I’m a testament of such good grades thus sharing for the benefit of others.
Leones (Le 1,000,000) or in recovery of possessions not exceeding three million
(Le 3,000,000) rental value per year or lease not exceeding five (5) years.

Section 16 – additional Jurisdiction

This provides for the Chief Justice by statutory instruments to confer any
additional jurisdiction on the Local Court.

Section 19 – Legal Representation (Role of Lawyers in Local Courts)

This section precludes (prevents) lawyers from representing any party in a local
court but they can only appear before it if they are a party to a matter before the
Court.

Section 34 – power to transfer cases

This gives leverage to a customary officer to ask for a case to be transferred or the
court may so move or any of the parties to another local court or the DAC as it
thinks expedient.

Section 35 – Power to review a decision of the court

This section gives leverage to a customary officer to review a previous decision of

the court of his own motion if a prima facie case of wrong dispensation of justice
is found.

Section 36 – Review not possible in case of a pending appeal

This section provides that in a case where a party has appealed a decision of the
court and such appeal is pending, it shall not exercise it powers of review.
Disclaimer: This lecture note is compiled by SAIO SORIE KABBA a grade A student of Sierra Leone Legal System module of
the University of Makeni – Law Department. The notes were taken during lectures as delivered by the course Lecturer
(Lawyer Jang Jalloh) in the 2020/2021 academic year. The rough notes were taken during lectures by way of typing while
lecture is being delivered and a final validation and editing done at home using the prescribed legal referrals/legislations.
This is not the only thing you need to pass the module but the key foundation that leads to good grades as it reflects what
the lecturer wants. I’m a testament of such good grades thus sharing for the benefit of others.
Section 39 – Right of Appeal

Section 39 (1) gives right of appeal to a party upon which a decision is made by
the local Court to The District Appeal Court (DAC) if he feels aggrieved. Sub
section 2 states that parties should be informed of their right to appeal. Sub
Section 3 states that any judgement or order of the local court in a civil case can
only be executed after 15 days commencing the date of the decision. However,
sub section 4 states that if the DAC has accepted the appeals request in a civil
matter, then the judgement of the local court shall not be executed until it is
confirmed by a judgement of the DAC.

Sec 40 – Establishment of a District Appeals Court (DAC)

This section creates the DAC and gives the powers to it to hear appeals. The DAC
shall be headed by the presiding magistrate of the District (Sitting as Chairman)
with the assistance of two (2) assessors. Sub sec 4 mandates the DAC to rehear
the case of appeal arising from a judgement in the Local Court.

Point of note: The services of a legal practitioner (Lawyer) is needed by the

parties in their appeals at the DAC

Please note:

In determining any issue, first know which court has jurisdiction over such a
matter. For instance the Local Court has original jurisdiction over all matters
relating to customary issues. Subject matter jurisdiction for the Local Court is all
matters whose claim is less than one million Leones (Civil) and whose
punishment is 6 months and fine not exceeding fifty Thousand Leones (Criminal).
Disclaimer: This lecture note is compiled by SAIO SORIE KABBA a grade A student of Sierra Leone Legal System module of
the University of Makeni – Law Department. The notes were taken during lectures as delivered by the course Lecturer
(Lawyer Jang Jalloh) in the 2020/2021 academic year. The rough notes were taken during lectures by way of typing while
lecture is being delivered and a final validation and editing done at home using the prescribed legal referrals/legislations.
This is not the only thing you need to pass the module but the key foundation that leads to good grades as it reflects what
the lecturer wants. I’m a testament of such good grades thus sharing for the benefit of others.
THE COURTS ACT 1965

Section 4 – establishment of Magistrates’ Courts

This Section 4 constitutes the magistrates’ courts in each judicial district.

Sec 5 – Jurisdiction of Magistrates

This section states that a particular magistrate shall have jurisdiction as a

magistrate throughout SL and may be assigned or transferred from one judicial
district to the other and when once he is assigned or transferred, he shall exercise
jurisdiction in that particular district.

The courts (Amendment) Act 1981

Repeal and replacement of sections

Section 6 – repealed and replaced 1965 to increase the punishment (fine and
imprisonment) for criminal cases. Also the amendment Act 2006

It also increased the number of years which a magistrate can fine or imprison a
convict

Subject matter criminal for a magistrate court

Section 136 Criminal procedure Act

Subject matter civil for magistrate courts is determined by the fine or jail term. It
says a magistrate court should not sit on any matter whose fine is above 5 million
or five years imprisonment.
Disclaimer: This lecture note is compiled by SAIO SORIE KABBA a grade A student of Sierra Leone Legal System module of
the University of Makeni – Law Department. The notes were taken during lectures as delivered by the course Lecturer
(Lawyer Jang Jalloh) in the 2020/2021 academic year. The rough notes were taken during lectures by way of typing while
lecture is being delivered and a final validation and editing done at home using the prescribed legal referrals/legislations.
This is not the only thing you need to pass the module but the key foundation that leads to good grades as it reflects what
the lecturer wants. I’m a testament of such good grades thus sharing for the benefit of others.