Mia SLLS Drafting Davies

MARIAM IBRAHIM ANTAR ~ SLLS 2023
STATUTORY INTERPRETATION
The phrase ‘Interpretation’ has been derived from the Latin word ‘Interpretari’ which refers to
elucidate, comprehend, and construe. The interpretation of statutes is limited only to courts of law.
The government has three Arms: The Legislative, the Executive and the Judiciary. It is the
legislature that puts up the laws, but it is also the judiciary that operates or uses the statute. There
exists a need for the judges to determine the right interpretation of the law established by that of
the legislators. The process by which judges assign meanings to ambiguous words or phrases in
statutes is called the interpretation of statute. Judges are supposed to construe statutes by seeking
the true intent of the makers of the Act, which is presumed to be pro be publico, or intent for the
public good.
Courts may be called upon to interpret a statute due to disputes over the meaning of a word or
phrase contained within a statute. These disputes may arise through a variety of reasons. It has
long been held that words are an imperfect means of communication. Omissions may have
occurred at the drafting stage, word or phraseology ambiguity, etymological change through time,
oversight on specific points, or a failure to adapt legislation to new developments. This may result
in the judiciary providing a role in statutory interpretation. Statutory interpretation in its broadest
sense is the process of determining the true meaning of a written document. The Interpretation
Act 1971 provides limited scope to assist judges with statutory interpretation in that it only
provides standard definitions to common provisions such as a rebuttable presumption that
terminology in the masculine gender also includes the feminine, and that the singular includes
plural.
These disputes may arise through a variety of reasons:

1. It has long been held that words are an imperfect means of communication.
2. Omissions may have occurred at the drafting stage,
3. word or phraseology ambiguity,
4. etymological change through time,
5. oversight on specific points, or
6. a failure to adapt legislation to new developments.
It is universally agreed that the law makers are not the interpreters of the law they make. A
draftsman must bear this fact in mind when drafting a bill.
Interpretation of statute simply means the art of seeking to unravel and discover the meaning of
the statute. The duty of interpretation of statute is that of the judiciary. The Constitution of Sierra
Leone places the duty of interpretation of statute in the courts. The judges in interpreting the
statutes must seek to discover the intention of the law makers. The question then asked is whether
judges make law. The answer is no but they seek to discover the intention of the law maker.
Rules of Interpretation
The three traditional rules of interpretation are:
1. The Literal rule.
2. The Golden rule.
3. The Mischief rules.
1 Mia’s Drafting Notes (Floyd Davies)

THE LITERAL RULE OF INTERPRETATION

The starting point in statutory interpretation must always be the ordinary linguistic meaning of the
words used, that is their grammatical signification apart from legal considerations. The
Grammatical Meaning of a common law enactment is the meaning it bears when, as a piece of
English prose, it is construed according to the rules and usages of grammar, syntax, and
punctuation, and the purely linguistic canons of construction. The grammatical meaning includes
both what is expressed and what is implied. The Grammatical Meaning may be clear, ambiguous,
or Obscure.
Under Literal Rule the judge considers what the statute actually says, rather than what it might
mean. In order to achieve this, the judge will give the words in the statute a literal meaning, that
is, their plain ordinary everyday meaning, even if the effect of this is to produce what might be
considered as an otherwise unjust or undesirable outcome. The literal rule says that the intention
of Parliament is best found in the ordinary and natural meaning of the words used. As the
legislative democratic part of the state, Parliament must be taken to want to effect exactly what it
says in its laws. If judges are permitted to give an obvious or non-literal meaning to the words of
parliamentary law, then the will of Parliament, and thereby the people, is being contradicted.
The use of this rule can sometimes lead to absurdities and loopholes which can be exploited by an
unmeritorious litigant. Judges have tended to over-emphasize the literal meaning of statutory
provisions without giving due weight to their meaning in a wider context.
The court considers what the legislation is actually saying rather than considering what it might
mean. Therefore, the word in the legislation takes their literal meaning which involves the use of
plain, ordinary, literal, grammatical meaning even if the effect of this is to produce what might be
considered as an otherwise unjust or undesirable outcome. This rule is based on judicial dicta such
as the case of WARBURTON V LOVELAND 1832, per Tindal CJ at 489
said:
Where the language of an Act is clear and explicit, we must give effect to it, whatever
maybe the consequences.
In the case of R V CITY OF LONDON COURT JUDGE 1892, per Lord Esher MR at 6 said:
If the words of an Act are clear, you must follow them, even though they lead to a manifest
absurdity. The court has nothing to do with the question whether the legislature has
committed an absurdity.
In the case of R V OAKES 1959, per Lord Parker C] at 354 said:

It seems to this court that where the literal reading of a statute... produces an intelligible
result, clearly there is no ground for reading in words or changing words according to what
may be the supposed intention of Parliament.
Lord Diplock once noted in the case of DUPORT STEEL V SIRS 1980:
Where the meaning of the statutory words is plain and unambiguous it is not then for the
judges to invent fancied ambiguities as an excuse for failing to give effect to its plain

meaning because they consider the consequences for doing so would be inexpedient, or
even unjust or immoral.
FISHER V BELL the statute must be construed in accordance with the legal meaning. Employing
the literal rule in the interpretation of the Act, it was held that there was, therefore, no breach of
the Act since the Act prohibited the offering for sale, not the invitation to treat. The phrase ‘offer
for sale’ could not be extended in interpretation because it was not so extended in the Act and
therefore the ordinary meaning of offer in the law of contract was maintained. According to Lord
Parker C.J. to the layman, the display is clearly an offer to sell, but the parliament in enacting law
must be believed to already know the general law and hence should enact statutes accordingly,
and where it has so done, the enactment can only be seen as its intention. A shopkeeper was
prosecuted for offering to sell an offensive weapon in the shop which is an offence of a Restriction
of Offensive Weapon Act, 1959. The court held that 'offer of sale' must take its ordinary meaning
in law therefore does not coincide with an invitation to treat. In the law of contract, placing
something in a shop window is not technically an offer for sale; it is merely an invitation to treat.
R V HARRIS "stab, cut or wound" implies a weapon. Harris used her teeth to bite off A and a
police officer's finger. Acquitted as no weapon was used.
WHITELY V CHAPPELL 1868, a dead person was not "entitled to vote" so could not be
impersonated.
FELIX V DPP 1998 a man putting up advert cards for prostitutes in a telephone box was acquitted
as it was not a "public open space".
In the Nigerian case of UTIH V OMOYIVWE 1991, the Supreme Court of Nigeria held that
when interpreting a statute, it is necessary for the court to discover the intention of the law maker
which is inferred from the language used in the law. In performing this duty, the court is confronted
with words that are unclear or ambiguous. The traditional view is that where the words of the
statute is plain and unambiguous effect should be given to it without considering any injustice or
hardship such interpretation may occasioned and it is immaterial if the interpretation represents
the intention of the law makers.
SUSSEX PEERAGE CASE, where the court stated that:

If the words of the statutes are in themselves precise and unambiguous, then no more can
be necessary than to expand those words in their natural and ordinary sense. The words
themselves alone do, in such case, best declare the intention of the law giver.
This rule has number of problems. In its application most times does not lead to same conclusion
in the same case. It fails to recognise that though statutes are generally perpetual in duration but
its function and functioning changes. It fails to recognise that a word has not just core meaning but
fringe meaning which is subject to manipulation.
Advantages of the literal rule

1. Restricts the role of the judge
2. Provides no scope for judges to use their own opinions or prejudices

3. Upholds the separation of power

4. Constitutionally it respects parliamentary supremacy and the right of Parliament to make
any laws it might wish no matter how absurd they may seem.
5. It also encourages precision in drafting and ensures that anyone who can read English can
determine the law, which promotes certainty and reduces litigation.
In the common law world, the literal rule is not followed today. The so-called literal rule of
interpretation nowadays dissolves into a rule that the text is the primary indication of legislative
intention, but that the enactment is to be given a literal meaning only where this is not outweighed
by more powerful interpretative factors.
DISADVANTAGES OF THE LITERAL RULE

1. It creates awkward precedents which require Parliamentary time to correct as in FISHER
V BELL.
2. Fails to recognise the complexities and limitation of English language.
3. Undermines public confidence in the law LONDON AND NORTHEASTERN
RAILWAY V BERRIMAN.
4. It fails to recognise that the English language itself is ambiguous and that words may have
different meanings in different contexts.
5. The use of this rule can sometimes lead to absurdities and loopholes which can be exploited
by an unmeritorious litigant.
6. Placing emphasis on the literal meaning of words assumes an unobtainable perfection in
draftsman ship.
7. It ignores the limitations of language
There can be a disagreement as to what amounts to the ordinary or natural meaning. The case of
R V MAGINNIS 1987 the defendant was charged with possession of a controlled drug with intent
to supply it to another under s.5(3) of the Misuse of Drugs Act 1997.A package containing £500
worth of cannabis was found in his car. The defendant stated the cannabis belonged to a friend and
that the friend was picking it up later. The trial judge ruled that his action in handing the drugs
back to the friend was an action of supply. The defendant then pleaded guilty and appealed The
Court of Appeal quashed the conviction. The conviction was reinstated.
Lord Keith gave the leading speech:

The word "supply," in its ordinary natural meaning, conveys the idea of furnishing or providing to
another something which is wanted or required in order to meet the wants or requirements of that
other, it connotes more than the mere transfer of physical control of some chattel or object from
one person to another... In my opinion it is not a necessary element in the conception of supply
that the provision should be made out of the personal resources of the person who does the
supplying. Thus if an employee draws from his employer's store materials or equipment which he
requires for purposes of his work, it involves no straining of language to say that the storekeeper
supplies him with those materials or that equipment, notwithstanding that they do not form part of
the storekeeper's own resources and that he is merely the custodier of them.
Thus, Lord Keith, with whom Lord Brandon, Lord Mackay and Lord Oliver concurred, claimed
to be applying the literal rule.

Lord Goff, however, dissented:

I do not feel able to say that either the delivery of goods by a depositor to a depositee, or the
redelivery of goods by a depositee to a depositor, can sensibly be described as an act of supplying
goods to another. I certainly cannot conceive of myself using the word "supply" in this context in
ordinary speech. In ordinary language the cloakroom attendant, the luggage officer, the
warehouseman and the shoe mender do not 'supply' to their customers the articles which those
customers have left with them.
LONDON AND NORTHEASTERN RAILWAY V BERRIMAN 1946 a railway worker was

killed whilst oiling the track. No look out man had been provided. A statute provided compensation
payable on death for those 'relaying or repairing' the track. Under the literal rule oiling did not
come into either of these categories. This result although very harsh could not to be said to be
absurd so the golden rule could not be applied. There was no ambiguity in the words therefore the
mischief rule could not be applied. Unfortunately, the widow was entitled to nothing.
THE GOLDEN RULE

If the court applies the Literal rule and it produces an absurdity, anomaly, or repugnancy, then the
court should look for another meaning of the words to avoid that absurd, anomalous, or repugnant
result. It is an extension of the literal rule. It takes the literal meaning and adds a sensible
interpretation to avoid unreasonable outcome. The rule was closely defined by Lord Wensleydale
in the case of GREY V PEARSON 1857, where he stated:
The grammatical and ordinary sense of the words is to be adhered to unless that would lead
to some absurdity or some repugnance or inconsistency with the rest of the instrument in
which case the grammatical and ordinary sense of the words may be modified so as to
avoid the absurdity and inconsistency, but no farther.
This was supported by Lord Reid in LUKE V IRE 1963, when he said: " To achieve the obvious
intention and to produce a reasonable result we must do violence to the words.
The rule may be applied in the Narrower sense where there is some ambiguity or absurdity in the
words themselves. R V ALLEN 1872 the defendant was charged with bigamy under section 57
of the Offences against the Person Act 1861 which made it an offence to marry while one's
spouse is still alive and not divorced. The court held that the word 'marry' could not in that context
mean 'become legally married' since that could never apply to someone who is already married to
someone else. To make sense of the provision, the word should be interpreted as meaning to 'go
through a second ceremony of marriage'. In its Broader sense the rule may be used to avoid a result
that is obnoxious to principles of public policy, even where words may prima facie carry only one
meaning.
ADLER V GEORGE FROM 1964 the defendant was charged with obstructing a military guard
in the execution of his duty. To succeed, the prosecution had to show that the act took place 'in the
vicinity of a military establishment. The defendant argued that 'in the vicinity' meant 'outside or in
the proximity or area' of the establishment, whereas he was inside the establishment, namely an
RAF base. The court decided that such an interpretation would lead to an absurd result and
interpreted 'in the vicinity of to cover a person already on the premises.

RE: SIGSWORTH 1935 the rule was applied in this sense in in the context of the Administration
of Estates Act 1925 in the case of "A man had murdered his mother and then committed suicide.
Under the plain terms of section 46, as the woman had died intestate her murderer stood to inherit
substantially her entire estate, which would then have passed to his descendants. This was
challenged by other members of the woman's family. The court used the golden rule to find in
favour of the family members, preventing the son's descendants as a matter of public policy from
profiting from his crime. The rule as applied in that particular case has subsequently been put onto
a statutory footing in the Forfeiture Act 1982 and the Estates of Deceased Persons (Forfeiture
Rule and Law of Succession) Act 2011.
ADVANTAGES OF THE GOLDEN RULE

1. Errors in drafting can be corrected immediately ADLER V GEORGE FROM 1964.
2. Decisions are generally more in line with Parliament's intention.
3. Closes loopholes.
4. Often gives a more just result.
5. Bring common sense to the law
DISADVANTAGES OF THE GOLDEN RULE

1. Judges are able to change or add meaning to statutes and thereby become law makers
infringing the separation of power.
2. Judges have no power to intervene for pure injustice where there is no absurdity.
3. Whilst the golden rule has the advantage of avoiding absurdities, it therefore has the
disadvantage that no test exists to determine what is an absurdity.
THE MISCHIEF RULE

It gives a judge more discretion than either the literal or the golden rule. This rule requires the
court to look to what the law was before the statute was passed in order to discover what gap or
mischief the statute was intended to cover. The court is then required to interpret the statute in such
a way to ensure that the gap is covered. The rule is contained in HEYDON'S CASE 1584, This is
to the effect that in interpreting a statute, the court should seek to discover the mischief (error)or
remedy by considering meaning of statute where it was said that for the true interpretation of a
statute, four things have to be considered:
1. What was the common law before the making of the Act.
2. What was the mischief and defect for which the common law did not provide?
3. What remedy Parliament passed resolved and appointed to cure the disease of the
Commonwealth.
4. The true reason of the remedy, and then the office of the Judges is to make such
construction as shall suppress the mischief and advance the remedy.
This rule gives the court justification for going behind the actual wording of the statute in order to
consider the problem that the particular statute was aimed at remedying. At one level it is clearly
the most flexible rule of interpretation, but it is limited to using previous common law to determine
what mischief the Act in question was designed to remedy. The case itself concerned a dispute
about legislation passed under Henry VIII in 1540 and a legal action against Heydon for intruding
into certain lands in the county of Devon. An example of the use of the mischief rule is found in
the case of CORKERY V CARPENTER 1951. In 1951 Shane Corkery was sentenced to one
month's imprisonment for being drunk in charge of a bicycle in public.

At about 2.45 p.m. on 18 January 1950, the defendant was drunk and was pushing his pedal bicycle
along Broad Street. He was subsequently charged under section 12 of the Licensing Act 1872
with being drunk in charge of a carriage. The 1872 Act made no actual reference to bicycles. The
court elected to use the mischief rule to decide the matter, The purpose of the Act was to prevent
people from using any form of transport on a public highway whilst in a state of intoxication. The
bicycle was clearly a form of transport and therefore the user was correctly charged.
Where this mischief is identified and it is apparent that the legislature failed to deal with the
mischief, the court in interpreting the statute is to interpret it to suppress the apparent mischief and
make appropriate remedy SMITH V. HUGHES 1960. The rule and the conditions for its
application were developed in the case of HEYDON'S 1584.
ADVANTAGES OF THE MISCHIEF RULE

1. It gives a judge more discretion than either the literal or the golden rule.
2. The mischief rule is applied to find out what Parliament meant. It is a contextual method
of interpreting statutes, and looks for the wrong, or mischief, which the statute was trying
to correct. The statute is then interpreted in the light of this.
3. This rule requires the court to look to what the law was before the statute was passed in
order to discover what gap that was created.
4. it closes loopholes in the law and allows laws to develop.
5. allows the law to develop and adapt to changing needs e.g., ROYAL COLLEGE OF
NURSING V DHSS 1981the Royal College of Nursing brought an action challenging the
legality of the involvement of nurses in carrying out abortions. The Offences Against the
Person Act 1861 makes it an offence for any person to carry out an abortion. The Abortion
Act 1967 provided that it would be an absolute defence for a medically registered
practitioner (i.e., a doctor) to carry out abortions provided certain conditions were satisfied.
Advances in medical science meant surgical abortions were largely replaced with hormonal
abortions and it was common for these to be administered by nurses. It was legal for nurses
to carry out such abortions. The Act was aimed at doing away with back street abortions
where no medical care was available. The actions of the nurses were therefore outside the
mischief of the Act of 1861 and within the contemplate defence in the 1967 Act.
HEYDON'S CASE the rule requires that where an Act has been passed to remedy a weakness or
defect in the law, the interpretation which will correct that weakness or defect is the one to be
adopted. The role of the judge is to suppress the mischief and advance the remedy. This rule gives
the court justification for going behind the actual wording of the statute in order to consider the
problem that the particular statute was aimed at remedying. At one level it is clearly the most
flexible rule of interpretation, but it is limited to using previous common law to determine what
mischief the Act in question was designed to remedy.
AN EXAMPLE OF THE USE OF THE MISCHIEF RULE IS FOUND INTHE FOLLOWING

CASES:
SMITH V HUGHES 1960The defendants were prostitutes who had been charged under the
Street Offences Act 1959 which made it an offence to solicit in a public place. The prostitutes
were soliciting from private premises in windows or on balconies so could be seen by the public.
The court applied the mischief rule holding that the activities of the defendants were within the

mischief the Act was aimed at even though under a literal interpretation they would be in a private
place.
DISADVANTAGES OF THE MISCHIEF RULE

1. Creates a crime after the event e.g., SMITH V HUGHES, ELLIOT V GREY thus
infringing the rule of law.
2. Gives judges a law-making role infringing the separation of powers.
3. Judges can bring their own views, sense of morality and prejudices to a case e.g., SMITH
V HUGHES, DPP V BULL.
• ELLIOT V GREY 1960the defendant's car was parked on the road. It was jacked up and
had its battery removed. He was charged with an offence under the Road Traffic Act 1930
of using an uninsured vehicle on the road. The defendant argued he was not 'using' the car
on the road as clearly it was not driveable. The court applied the mischief rule and held that
the car was being used on the road as it represented a hazard and therefore insurance would
be required in the event of an incident. The statute was aimed at ensuring people were
compensated when injured due to the hazards created by others.
• DPP V BULL 1995 a man was charged with an offence under s.1(1) of the Street
Offences Act 1959 which makes it an offence for a 'common prostitute to loiter or solicit
in a public street or public place for the purposes of prostitution'. The magistrates found
him not guilty on the grounds that 'common prostitute' only related to females and not
males. The prosecution appealed by way of case stated. The court held that the Act did
only apply to females. The word prostitute was ambiguous, and they applied the mischief
rule. The Street Offences Act was introduced as a result of the work of the Wolfenden
Report into homosexuality and prostitution. The Report only referred to female prostitution
and did not mention male prostitutes. The Queens Bench Division therefore held the
mischief the Act was aimed at was controlling the behaviour of only female prostitutes.
• SMITH V HUGHES 1960the defendants were prostitutes who had been charged under
the Street Offences Act 1959 which made it an offence to solicit in a public place. The
prostitutes were soliciting from private premises in windows or on balconies so could be
seen by the public. The court applied the mischief rule holding that the activities of the
defendants were within the mischief the Act was aimed at even though under a literal
interpretation they would be in a private place.
THE PURPOSIVE APPROACH

It is one of the newly evolved rules of interpretation. Just as the name connotes it requires an
interpretation of statute to give effect to its general purpose. It takes into consideration both the
words used in their ordinary meaning and the context of its usage. The rule allows judge to make
use of background materials (legislative history) that led to enactment of the legislation. These
background materials include proceedings of Committee stage, official report or materials used by
the legislature before enacting the law. This is to enable the court to discover the mischief and
handle it appropriately. This rule removes the exclusionary rule which prohibits the admissibility
of background legislative material in interpreting a statute. According to Lord Denning in
MAGORAND ST. MELLONS RDC V NEWPORT CORP 1952, that what the legislature has

not written the court must write. Though, Lord Simmonds in the same case regards Lord's Denning
position as "usurpation of legislative function under the thin guise of interpretation."
This approach has emerged in more recent times. Here the court is not just looking to see what the
gap was in the old law, it is making a decision as to what they felt Parliament meant to achieve.
Lord Denning in the Court of Appeal stated in MAGORAND ST CASE.
The purposive approach focuses on what Parliament intended when passing the new law. The
purposive approach is a modern version of the mischief approach. It requires a court to look at the
purpose of the statute, and Parliament's intention when they created the statute, as well as the words
written in the statute Itself. It, therefore, looks beyond the words of the legislation or the purpose
behind it, and the legislation is seen as a skeleton of the law for the judges to flesh out in time.
Thus, the court looks at the purpose of the statute and interprets the words to bring about that
purpose.
Lord Simon explained the purposive approach in the case of MAUNSELL V OLINS 1975 The
first task of a court of construction is to put itself in the shoes of the draftsman to consider what
knowledge he had and, importantly, what statutory objective he had being thus placed the court
proceeds to ascertain the meaning of the statutory language. Thus, the purposive approach to
statutory Interpretation seeks to look for the purpose of the legislation before interpreting the
words. Whereas English law require the courts to apply the literal rule first to look at the wording
of the Act, the purposive approach starts with the mischief rule in seeking the purpose or intention
of Parliament. It is therefore a much more flexible approach giving judges greater scope to develop
the law in line with what they perceive to be Parliament's intention.
PEPPER V HART 1992 where the issue was how to interpret s63 of the Finance Act 1976.
Teachers at an independent school for boys were having their children educated at the school for
a fifth of the price charged to the public. The teacher sought to rely upon a statement in Hansard
made at the time the Finance Act was passed in which the minister gave his exact circumstance as
being where tax would not be payable. Previously the courts were not allowed to refer to Hansard.
The House of Lords departed from DAVIS V JOHNSON and took a purposive approach to
interpretation holding that Hansard may be referred to and the teacher was not required to pay tax
on the perk he received.
LORD GRIFFITHS ON THE PURPOSIVE APPROACH:

The days have passed when the courts adopted a literal approach. The courts use a purposive
approach, which seeks to give effect to the purpose of the legislation and are prepared to look at
much extraneous material that bears upon the background against which the legislation was
enacted.
MELLONS RURAL DISTRICT COUNCIL Y NEWPORT CORPORATION (1950), 'we sit

here to find out the intention of Parliament and of ministers and carry it out, and we do this better
by filling in the gaps and making sense of the enactment by opening it up to destructive analysis'.
This attitude was criticised on appeal by the House of Lords. Lord Simmons called this approach
"a naked usurpation of the legislative function under the thin disguise of interpretation”. He went
on to say that if a gap is disclosed, the remedy lies in an amending Act. These comments highlight

one issue with the purposive approach. How Parliament's intentions can be determined and
whether judges should really be refusing to follow the clear words of Parliament. The purposive
approach is one used by most continental European countries when interpreting their own
legislation. It is also the approach which is taken by the Europe Court of Justice in interpreting EU
law. Since the United Kingdom became a member of the European Economic Community in 1973,
the influence of the European preference for the purposive approach has affected the English courts
in a number of ways. First, the courts have been required to accept that, from 1973, the purposive
approach has to be used when deciding on EU matters. Second, as they use the purposive approach
for EU law, they are becoming accustomed to using it and more likely to use it to interpret domestic
law. One example is PICKSTONE V FREEMANS PLE 1998. Here, women warehouse
operatives were paid the same as male warehouse operatives However, Miss Pickstone claimed
that the work of the warehouse operatives was of equal value to that done by male warehouse
checkers who were paid £1.22 per week more than they were. The employers argued that a woman
warehouse operative was employed on like work to the male warehouse operatives, so she could
not bring a claim under section 1(2)(c) of the 1970 statute for work of equal value. This was a
literal interpretation of the 1970 statute The House of Lords decided that the literal approach would
have left the United Kingdom in breach of its treaty obligations to give effect to an EU directive.
It therefore used the purposive approach and stated that Miss Pickstone was entitled to claim on
the basis of work of equal value even though there was a male employee doing the same work as
her. When using one of the rules of statutory interpretation the courts may rely on a presumption
or secondary aids to assist them in making their decision. The purposive approach provides scope
for judicial law-making because the judge is allowed to decide what he/she thinks Parliament
intended the Act to say rather than what the Act actually says.
When determining the meaning of particular words, the courts will make certain presumptions
about the law. If the statute clearly states the opposite, then a presumption will not apply, and it is
said that the presumption is rebutted. The main presumptions are:
1. A presumption against change in the common law. It is assumed that the common law will
apply unless Parliament has made it plain in the Act that the common law has been altered
2. A presumption that mens rea (guilty mind) is required in criminal cases. Mens rea is one
of the elements that has to be proved for a successful criminal prosecution. There is a
common law rule that no one can be convicted of a crime unless it is shown they had the
required intention to commit it.
3. A presumption that the Crown is not bound by any statute unless the statute expressly says
so.
4. A presumption that a statute does not apply retrospectively. No statute will apply to past
happenings. Each statute will normally only apply from the date it comes into effect. This
is, however, only a presumption and Parliament can choose to pass a statute with
retrospective effect. This must, however, be expressly stated in the statutes, for examples,
the 1965 War Damage Act, the 1991 War Crimes Act and the 1976 Adoption. The
secondary aids are rules of language, intrinsic and extrinsic aids.
ADVANTAGES OF PURPOSIVE APPROACH

The purposive approach leads to justice being done in more individual cases.
• As it has a broad approach it allows the law to cover more approaches than simply applying
the words literally.
10
Mia’s Drafting Notes (Floyd Davies)
• Leads to justice in individual cases

• Avoids absurd result
• it allows judges to consider social and technological changes
• it gives effect to parliaments intentions
• it allows judges to use their common sense
• it is also sensible to use external aids like Hansard
DISADVANTAGES OF PURPOSIVE APPROACH

finding the intention of parliament can be quite difficult
• it is undemocratic
• Allows judges to make law
WHAT IS A MAXIM?
• A maxim is a 'saying that expresses a general truth or rule of conduct'.
• In legal language a maxim is a saying or statement usually in Latin used to denote a rule
or principle.
• In the way of helping the Judiciary, legal maxims play an important role in providing them
a path and rules of interpreting the provisions. The above discussed maxims are few
common legal maxims used in the interpretation of statutes.
EJUSDEM GENERIS (OF THE SAME KIND) RULE this maxim literally translated means
"of the same kind". This maxim holds that where legislation uses a list of specific words followed
by general words, the general words must be interpreted to mean the same kind of thing as
established by the specific words which precede them.
POWELL V KEMPTON PARK RACECOURSE (1899) AC 143 Where it is an offence to use

a house, office, room or 'other place for betting. The defendant argued that he operates an outside
place. The court held that other place had to refer to other indoor places because of the words in
the list.
EXAMPLE
Where a statute provided that "no tradesman, artisan, workman, labourer or other person
whatsoever shall do or exercise any worldly labour, business or work of their ordinary calling on
Sundays...”. The words "or other person whatsoever" were construed as ejusdem generis with those
which preceded them such that an estate agent was deemed not to be covered by this section.
GREGORY V FEARN 1953 the Act provided that ‘no tradesman, artificer, workman, labourer
or other person whatsoever’ should work on a Sunday. However the business of an estate agent
was not to be considered eiusdem generis with the other terms.
ANOTHER EXAMPLE
Where the court held that in a statute a department of conservation the authority to sell gravel,
sand, earth or other material, the term other material could only be interpreted to include materials
of the same general type and did not include commercial timber. The rationale behind this maxim
is that it saves the legislature from having to spell out in advance every contingent to which the
maxim would apply.
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SACKS V. THE CITY OF JOHANNESBURG 1931 a traffic by law provided that ‘no person
shall sit or lie down on the street, nor shall any person stand, congregate, loiter or walk, or
otherwise act in such a manner as to obstruct traffic'. The accused was addressing a crowd from a
car in a public street during an industrial action. The gathered crowd ended up obstructing the
street. It was held that the particular words all referred to an obstruction by a direct physical act of
the accused, and therefore that the general words "or otherwise act in such a manner as to obstruct
free traffic did not include an obstruction caused by a crowd gathered to hear the accused.
However, it must be noted that the mere existence of general words upon particular words does
not necessarily invoke the application of the ejusdem generis. the rule will only apply where the
clear category is followed by words which are not clear. According to Van Heerden J the rule will
only apply where the clear category is followed by words which are not clear.
S V SAIDI 1962 (2) SA 128 in this case, the provision in question prohibited the obstruction of
free passage along the public street by means of any wagon, cart, or other thing whatsoever. The
court declined to interpret the general words as meaning only wheeled vehicles and decided that it
included an obstruction caused by boxes full of vegetables. This was because according to the
court the object of the lawgiver was clear mainly to prevent the obstruction of public streets. The
court ruled that the words 'or other things whatsoever' were clear and unambiguous.
EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS the explicit mention of one thing is the
exclusion of another. The dictionary definition of this Latin term is when one or more things of a
class are expressly mentioned others of the same class are excluded. This principle indicates that
the items not in the list are presumed to be not covered by the statutory provisions. Mentioning of
one or more specified things in the statute will be held to exclude other similar things that are not
expressly mentioned in the list. The effect of this rule is that a list of words which is not followed
by general words, the act will apply only to those words that have been used in the list. If the terms
and phrases in the statute are plain and simple and the meaning is clear, there is no scope for
applying this principle.
WHERE CAN THIS RULE BE APPLIED?

This maxim will only be applied in such cases where specific words are being mentioned in any
statute. However, it will not be applied in those cases where general words are being mentioned
along with specific words or any other such generalizing words.
In R V SECRETARY OF STATE FOR THE HOME DEPTT. I988 here, the decree excluded
the father of an illegitimate child from rights under immigration law at the time, because the statute
specifically mentioned the mother alone.
In the case of FARRALL V SHEA, it was held that when any legislature provides that actions for
the recovery of personal property should survive, it would have been proper to include 'real
property in the provision so as to read for the recovery of personal or real property. Applying the
rule of expressio unius est exclusion alterius, it was held that the legislature must have on purpose
omitted the term ‘real property'.
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This maxim was also applied by J. Henchy in the case of KIELY V MINISTER OF SOCIAL
WELFARE when he said that "the fact that Article 1 (5) allows a written statement to be received
in evidence in the specified limited circumstances means that It cannot be received in any other
circumstances expression unless expressio unius est exclusion alterius.
In R (VEOLIA ES NOTTINGHAMSHIRE LTD.) V NOTTINGHAMSHIRE COUNTY

COUNCIL it was held that Section 15(3) of the Audit Commission Act 1988 grants a particular
exception to section 15(1) right to inspect so far as any document 'contains personal information.
Personal information has been defined and it cannot be extended to commercial personal
information. This explicit exception that has been made completely rules out any chances of
putting confidential information in the personal information.
CHAIN BELT CO. V MILWAUKEE, the concerned court had pertained to this role. In this
case. the milwaukee Charter was involved, and the city had contended for the right to license
elevators and their operations, but elevators had not been mentioned in the licensing chapter of the
charter. The court applied this rule in order to understand the intent of the legislature. It was held
that the "enumeration of the subjects which may be regulated by license also tends somewhat to
indicate a legislative intention that the city should not exercise those powers over other subjects.
The Court thus could not grant power for the licensing of elevators in the city. As the legislature
has not granted a certain power to the city, so the city cannot possess it.
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AIDS TO INTERPRETATION
• Aid means ‘to help’ or ‘to assist’.
• These are the devices that help in our tasks. So, whenever there is a dispute or conflict
regarding understanding any provision or statute, the judiciary seeks help from various
aids.
• These are the devices that help to understand the true meaning of the statute. These aids
could be: internal (intrinsic) or external (extrinsic).
INTERNAL AIDS TO INTERPRETATION

• These are materials found within the statute itself. No external references are required to
interpret the meaning. Various texts within the statute are sufficient to interpret it.
• Using internal aids to interpret a statute involves examining the statute so that the meaning
may be extracted from its composition and structure.
• Internal aids confine interpretation to the four corners of the statute.
• Internal aids are “any material which is published with an Act”
• Examples of internal aids to construction will be; preamble to the Act, headings, marginal
notes, Definition sections, provisos, schedules, etc.
• These are internal aids to construction because they are contained in the statute itself.
• Internal aids such as preamble of a statute states the main purpose of the statute. Statutes
are often highly complex, particularly those that enact into law broad or multifaceted
federal policies Therefore internal aids hold great importance in interpretation of Statute.
TITLE
SHORT TITLE: It addresses the name of the Act followed by the year of its enactment. Such
titles do not include any description. They do not play any role in the interpretation of the Act.
Despite being an essential part of any statute, these do not carry a specific meaning. These are just
the names of the Acts.
EXAMPLE:
AN ACT ENTITLED
THE CIVIL AVIATION ACT 2019
Short title.
Being an Act to provide for an independent professional oversight of international and domestic
air transport and cargo services in compliance with international agreements and obligations
relating to civil aviation, to ensure the promotion and development of the aviation sector and to
provide for other related matters
It only provides the title of the Act for reference or identification but not the description and it does
not have any role in interpreting the provisions within an Act or for an Act.
LONG TITLE: Long titles address the name of the Act along with its short description. It
addresses the general object of that Act. Long titles could be used for the interpretation of the
provisions under them. These serve as crucial internal aids of interpretation. They are used for
resolving the conflicts arising out of ambiguous terms in that Act. However, if the words in the
statute are unambiguous, long titles serve no help.
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EXAMPLES:
1. THE CIVIL AVIATION ACT, 2008
Being an Act to provide for an Independent professional oversight of International and
domestic air transport and cargo services in compliance with international agreements and
obligations relating to civil aviation, to ensure the promotion and development of the
aviation sector and to provide for other related matters.
2. The Constitution of Sierra Leone, 1991
Being an Act to make provision for a new Constitution of Sierra Leone, and for connected
purposes.
3. The Education Act, 2004
Being an Act to reform the education system, including provision for pre-primary
education, technical and vocational training, adult and non-formal education and the role
of universities; and to provide for other related matters.
Earlier the Long titles were not considered as part of the statute. Hence, they were not considered
as an internal aid to interpretation. But now, long titles are being used by judicial officers and
judges to interpret the Acts for the purpose of providing a proper understanding to the issue at the
question or for the purpose of removing the ambiguity or confusion present in the statute or
legislation.
In POPPATLAL SHAH V STATE OF MADRAS, the title of the Madras General Sales Tax
1939, was utilised to indicate that the object of the Act is to impose taxes on sales that take place
within the province.
In the case of AMARENDRA KUMAR MOHAPATRA V STATE OF ORISSA the Court held
that the title of a statute determines the general scope of the legislation, but the true nature of any
such enactment has always to be determined not on the basis of the label given to it but on the
basis of its substance.
In MANOHARLAL V STATE OF PUNJAB it was held that no doubt the long title of the Act
extracted by the appellant’s counsel indicates the main purposes of the enactment, but it cannot
control the express operative provisions of the Act.
In FISHER V RAVEN 1964 Interpretation of the words ‘obtained credit’ in Section 13(1) of the
Debtor’s Act 1869 was involved. The House of Lords looked at the long title of the Act which
reads ‘An Act for the Abolition of imprisonment for Debt, for the punishment of fraudulent
debtors, and for other purposes’ and held that the words refer to credit for the payment of money.
In the case of JONES V SHERINETON 1908 it is held that the modern view, which seems to
have emerged gradually during the 19th century, is different said it is now settled law that the title
of the statute is an important part of the Act and may be referred for the purpose of asserting its
general scope.
In the case of R V BATES AND RUSSELL 1952 as stated by DONOVA, J.: "The long title is a
legitimate aid to construction. When Parliament proclaims for the purpose of the Act is, it would
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be wrong to leave that out of account when construing the Act in particular, when construing some
doubtful or ambiguous expression. In many cases the long title may supply the key to the meaning.
The principle as, I understand it, is that where something is doubtful or ambiguous the long title.
May be looked to resolve the doubt or ambiguity, but in the absent of doubt or ambiguity, the
passage under construction must be taken to mean what it says, so that if its meaning be clear, that
meaning is not to be narrowed or restricted by reference to the long title".
EXCEPTIONS TO THE RULE THAT TITLES ARE USED AS INTERNAL AIDS:

• Title could not be used as an Internal aid to Interpretation. If the words in the provisions of
that Act or statute are unambiguous.
• The content of the Act/provision is primary, while the title is secondary. The label cannot
prevail against the precise meaning of the statute.
• The title must not narrow the scope of the content in the statute.
PREAMBLE:
• A preamble is an introduction or a preface to any Act or statute. It explains its purpose(s).
• The preamble contains the aims and objectives of the entire statute or Act.
• It reveals the true intention of the legislature for which the Act or statute was enacted. The
courts certainly use the preamble to interpret the provisions of the Act or statute. It is an
integral part of the statute.
• However, the preamble is also secondary in nature if the words of the provisions in the Act
are unambiguous.
• The difference between the long title provided and the preamble is that the preamble
delivers the causes and basis as to the creation of a particular law within the Act, the
preamble cannot be used to delete any clauses within the statute which are operative or by
declaring the clause unintended or unnecessary, but can be used to refer any uncertainty or
helps in correcting the meaning of the terms which might have more than one meaning.
EXAMPLE
• Children and Young Persons Act, 1945 (Cap. 44) this Act governs the treatment of
juveniles who violate the law. The Act applies to anyone below the age of 17 years old.
Anyone who is 17 years or above is treated, for the purposes of criminal law, as an adult.
The Act provides for two categories, that of a child who is anyone under the age of fourteen
years old and ‘young person’ who is anyone aged between the ages of 14 years up to 16
years old.
• The preamble is mentioned in the first page of any concerning act, though those are or
where applicable to all the Acts which are old but the modern or the Acts which are passed
doesn't consist of the preamble in the first page for reference declining its importance.
MAHARISHI MAHESH YOGI VEDIC VISHWAVIDYALAYA V STATE OF M.P. AIR

2013 the court cannot have resort to preamble when the language of the statute is clear and
unambiguous. Similarly, it has been held that help from preamble could not be taken to distort
clear intention of the legislature BURRAKAR COAL COMPANY V UNION OF INDIA AIR
1961.
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In RE KERALA EDUCATION BILL 1957, it was observed that the policy and purpose of the
Act can be legitimately derived from its preamble.
In GLOBAL ENERGY LTD. V CENTRAL ELECTRICITY REGULATORY

COMMISSION, it was held that the object of legislation should be read in the context of the
Preamble.
In MAHARASHTRA LAND DEVELOPMENT CORPORATION V STATE OF

MAHARASHTRA, it was held that Preamble of the Act is a guiding Light to its interpretation.
Another important example is found in KESAVANANDA BHARATI V STATE OF KERALA,

wherein the apex court strongly relied on the Preamble to the Constitution of India in reaching a
conclusion that the power of the Parliament to amend the constitution under Article 368 was not
unlimited and did not enable the Parliament to alter the Basic Structure of the Constitution.
In the case of ATTORNEY GENERAL UH.R. V PRINCE ERNEST AUGUSTUS OF

HANOVER 1987 Lord Normand said "when there is a preamble it is generally in its recitals that
the mischief to be remedied and the scope of the Act are described. It is, therefore, clearly
permissible to have recourse to it as an aid to construing the enacting provisions.
MARGINAL NOTES:
• These are the side notes to the sections in the Act. It expresses the effect of the section.
Mostly, marginal acts are not added to the sections, by the legislators themselves.
• In olden days the marginal notes were considered for help when the enactment or the
meaning of the enactment of the section was in question.
• Currently the marginal notes according to the courts have no role in interpreting the
statutes, because the marginal notes are not inserted by the legal experts or the legislators
or any authority dealing with the legislature but are inserted by the drafters due to which
they are not considered to be a part of the statute.
• These are the side notes to the sections in the Act. It expresses the effect of the section.
• Mostly, marginal acts are not added to the sections by the legislators themselves.
• In olden days the marginal notes were considered for help when the enactment or the
meaning of the enactment of the section was in question.
• Currently the marginal notes according to the courts have no role in interpreting the
statutes, because the marginal notes are not inserted by the legal experts or the legislators
or any authority dealing with the legislature but are inserted by the drafters due to which
they are not considered to be a part of the statute.
EXAMPLES OF MARGINAL NOTES:

• Disclosure of Interest: A member of the Board who has any interest, direct or indirect, in
any matter to be considered by the Board, shall disclose the nature of his interest to the
Board and such disclosure shall be recorded in the minutes of the Board and such member
shall not take part in any deliberation or decision of the Board relating to that matter, and
a member who contravenes this section shall be guilty of misconduct and liable to be
removed from the Board.
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• Secretary to Board: (1) The Authority shall have a Secretary who shall also be Secretary to
the Board, (2) The Secretary shall have such legal or other qualifications or both as the
Board may determine.
• Committees: (1) The Board may, for the discharge of its functions of Board, appoint one
or more Committees to perform such functions as the Board may determine.
In BENGAL IMMUNITY COMPANY V STATE OF BIHAR, the Supreme Court held that the
marginal notes to Article 286 of the Constitution was a part of the Constitution and therefore, it
could be relied on for the interpretation of that Article.
In TARA PRASAD SINGH V UNION OF INDIA, it was held that marginal notes to a section
of the statute cannot take away the effect of the provisions.
In UNION OF INDIA V DILEEP KUMAR SINGH AIR 2015 the apex court held that marginal
note appended to Section 47 of Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1955 makes it clear that idea of section 47 was not to
discriminate against employees who acquire disability during service.
PARTS:
• Parts are attached to every section of every Act or statute.
• Parts consist of the description of the sections within a Part, it is the summary of the
sections on whole.
• The Parts, however, are not passed or provided by the legislation but are inserted after
the bill has become law.
EXAMPLES OF PARTS:
• ARRANGEMENT OF SECTIONS
Section
PART I - PRELIMINARY
Interpretation.
• PART I - ESTABLISHMENT AND FUNCTIONS OF SIERRA LEONE CIVIL

AVIATION AUTHORITY
Establishment of Sierra Leone Civil Aviation Authority.
• PART III - REGISTRATION AND REGULATION OF AIRCRAFT

Obligation to register aircraft.
Recording of Interests in aircraft
DEFINITION OR INTERPRETATION CLAUSE:

These are included within a statute with the purpose of extending the “already existing meaning
of certain words, whose meaning is not clear by providing them with meaning in a general sense”.
The definition clause is not used in explaining the same word, which is being used in the other
statute, if the word is defined or explained in one statute under the definition clause it must be
limited to its use under the same. If in case both Acts, or statutes are pari materia (on the same
18
subject) then the word which is defined under the interpretation or definition clause could be
assigned to the other Act.
EXAMPLES:
1. In this Act, unless the context otherwise requires:
• “Attorney-General” means the Attorney General and Minister of Justice.
• “Authority” means the Sierra Leone Civil Aviation Authority established by section 2.
• “Board” means the Board of Directors of the Authority.
• “cargo” means any property carried on an aircraft, other than mail, stores and accompanied
or mishandled baggage.
PUNCTUATION:
Punctuations are considered to be important elements within a sentence or any of the sentences, if
the punctuations are not being used in a sentence it would change the meaning of the sentence, on
the whole, the same way the punctuations in the interpretation of statutes is considered to be
important. The punctuations are in the form of a semicolon, colon, full stop, comma, a hyphen,
brackets, dash etc., the courts were not concerned with the punctuations during the earlier times
while passing statutes, but in modern times the punctuations are considered to be important for
passing statutes.
SCHEDULES:
Schedules attached to the Act list out the powers, methods, subjects etc. associated with the
primary concept of the provisions in the Act. At times, the schedule may be composed of methods
to achieve the rights conferred in the provision(s). Schedules are an essential part of any statute.
Hence, these can be relied upon for interpreting any provision in case of a dispute with regard to
the meaning of the terms used in them.
EXAMPLES OF SCHEDULES:
• SECOND SCHEDULE PRESIDENT'S OATH
I do hereby (in the name of God swear) (solemnly affirm) that I will at all times well and
truly discharge the duties of the office of the President of the Republic of Sierra Leone
according to law, that I will preserve, support, uphold, maintain and defend the Constitution
of the Republic of Sierra Leone as by law established, and that I will do right to all manner
of people according to law, without fear or favour, affection or ill will. (So, help me God.)
• THIRD SCHEDULE
Oath of the Vice-President, Ministers and Deputy Ministers, Attorney-General and
Minister of Justice, Secretary to the President, Secretary to the Cabinet, Solicitor General,
Director of Public Prosecutions, Members of the Electoral Commission, the Speaker,
Members of Parliament, Auditor-General, Members of the Public Service Commission, the
Chief Justice and Judges of the Superior Court of Judicature, Members of the Judicial and
Legal Service Commission, Members of the Police Council, Members of the Defence
Council.
PROVISO
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The proviso is the part of the sections with which the clause of the provision begins with i.e., some
sections under the statute succeeding the main provision, where a clause is added with the words
beginning with “provided that” is considered to be or is referred to as the provision of the
concerning section. The proviso is added to the clauses in order to limit the applicability of the
said clause, its main function could be observed to be something which is excluded or is qualified
within the purview of the concerning enactment.
EXAMPLES OF PROVISO:
Protection of freedom of movement. Section 18 (1) No person shall be deprived of his freedom of
movement... Provided that no court or other authority shall prohibit any such person from entering
into or residing in any place to which he is indigenous.
Provision to secure protection of law Section 23 (4) Every person who is charged with a criminal
offence shall be presumed to be innocent until he is proved or has pleaded guilty. Provided that
nothing contained in or done under the authority of any law shall be held to be inconsistent with
or in contravention of this subsection, to the extent that the law in question imposes on any person
charged as aforesaid the burden of proving particular facts.
SUMMARY OF INTERNAL AIDS:

• to resolve any misunderstanding concerning texts of the provision (s), statutes are provided
with multiple internal aids to interpretation like marginal notes, exceptions, schedules, etc.
These aids are beneficial in situations where the provision's text could be interpreted as
having two different meanings.
• The judiciary has used internal aids to settle the disputes arising out of the substantial
question of law or facts.
• Being an essential part of the statute itself, internal aids to interpretation serve to be more
reliable than external aids.
• These are considered to be the first option for answering the substantial questions on the
law in case of ambiguities in the texts.
EXTERNAL AIDS TO INTERPRETATION

• External aids are the aids which are not available inside the statute but outside the statute,
the court may seek help to the external aids in case of repugnancy or inconsistency in the
statutory provision.
• External Aids are taken into consideration when internal aids are unable to provide a clear
and correct insight into the statutes.
• As far as internal aids are concerned, they are limited in number, because they form a part
of the statute,
• But when we talk about external aids, there is no limit because there is a plethora of legal
literature that can be deliberated upon when a statute is construed.
• However, there are certain important aids that we consider as helpful when interpreting a
statute, and which come foremost.
DICTIONARIES:
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• When a word used in the statute is not defined therein or if defined but the meaning is
unclear, only in such situation, the court may refer to the dictionary meaning of the statute
to find out the meaning of the word in ordinary sense.
• The meaning of such words shall be interpreted so to make sure that it is speaking about
the particular statute because words bear different meaning in different context.
• Therefore, importance must be given to the context of the provision, because one word can
have several meanings in several contexts.
TEXTBOOKS:
• The court while construing an enactment, may refer to the standard textbooks on legal
subjects, written by eminent lawyers and authors to clear the meaning.
• Textbooks present the subject matter in an explanatory form, and it becomes easier and
relevant to consider textbooks over questions of interpretation.
• However, they also carry only persuasive value, and the courts are not bound to follow any
particular book or author.
STATEMENT OF OBJECTS AND REASONS:

• The statement of object and reasons are attached to the bill which describe the objects,
intention, and justification for the bill.
• It also gives understanding of the background, the antecedent state of affairs and the object
the law seeks to achieve.
• The ministry which would have introduced the bill would come up with the statement of
objects and reasons and provide a ground for the enactment of the statute.
EXAMPLE OF STATEMENT & OBJECTIVES OBJECTS OF THE BILL:

• The objective of this Bill is to consolidate with amendments, the law on local government,
and to provide for the decentralisation and devolution of functions, powers and services to
local councils.
• An important feature of this draft Bill is that it provides an opportunity to refresh and
improve the Local Government Act's usability and ensure that its provisions are current
and effective with the National Decentralization Policy, 2020. It will expand good
governance, human rights, and the rule of law at the local level. It will deepen devolution
and strengthen the capacity of local institutions to deliver local services.
• governance system by streamlining inter-governmental relationships and resolving
institutional conflicts between the central and local levels.
• The draft Bill is divided into 16 parts and 136 sections.
• Part 1 deals with the 'preliminary' which defines some words that are used in the Bill.
• Part II deals with the establishment of local councils and the creation of localities.
• Part Ill, deals with the composition of local councils ana elections. It expanded on the
composition by adding MPs to represent their interests and increased paramount chief
representation. It also changed the name of the heads of District Councils. Period for
elections and tenure of office of councillors has been extended.
• Part IV deals with meetings and committees of local councils. The language used at
Council meetings and Standing orders to guide meetings. The number of Standing
Committees has been increased to 3.
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• Part V expands on the functions of local councils and councillors. It grants local councils
more oversight functions to be able to monitor and hold other players within their locality
accountable. Local economic development has been added as a function of the local
council.
• Part VI Government service Commission. It provides for the appointment of the Local
Council Chief Administrator. The Council Advisory Appointment Committee is
established to oversee recruitment. Local council staff shall be made permanent and
pensionable. This part also makes it possible for mobility of local council staff from local
councils to central Government and vice versa.
• Part VII contains financial provisions and provides for funding of local councils, sharing
of revenue and establishment of the Local Government Finance Committee. Precepts for
sharing of local tax and market dues are now prescribed in the Bill.
• Part VIlI addresses property rates, its assessment and enforcement. List of buildings
exempted from paying property rates have been expanded.
• Part X deals with internal audit. It sets up an internal audit unit for each local council and
provides for the preparation of reports.
• Part XI deals with development planning and makes it a requirement for each local council
to prepare a development plan.
• Part XII brings in Local Economic Development which requires the local council to create
the enabling environment for private public partnership and economic growth in the
locality.
• Part XIII empowers local councils to create byelaws which carry penalties in the event of
breach. Fines have been changed due to inflation and change of currency, needs. Functions
expanded to strengthen their ability to monitor and supervise implementation of projects
within their Wards.
• Part XV prescribes the responsibilities of the Ministry in the decentralization process. It
vests powers in the President to take over control of councils where the need arises. It
establishes Regional Coordinating Committees and makes them more accountable.
• Part XVI deals with transparency and accountability which subjects every councillor to
any legislation relating to anti-corruption. This part requires local councils to declare their
assets and to post Council reports on notice boards.
• Part XVII sets up the Inter-Ministerial Committee to mainly oversee the implementation
of the Act. All ministries that have devolved functions (IMC) to local councils have been
added to the membership of the IMC.
• Part XIlI which is the last part, provides for general provisions such as the Minister's power
to make regulations and the prescription of general penalties.
CONSTITUTIONAL DEBATES/SPEECHES:
• All the debates that had occurred in Parliament at the time of the creation of the
Constitution would be included.
• In case of inconsistency or repugnancy in the Constitution the court can clearly refer to
such debates.
LEGISLATIVE DEBATES/SPEECHES:
• These are debates or speeches made during the passing of a bill in parliament by the
parliamentarians to put forth their view.
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• It is not considered as a conclusive aid to interpretation and is therefore, not admissible

because many times speeches are influenced by the political pressure or maybe incorrect
to rely upon.
COMMITTEE REPORTS:
• Before the framing of the Bill, usually the matter is referred to a committee to consider it
in detail and give its report thereon.
• These reports of the commissions and committee have been referred to as evidence of
historical facts or of surrounding circumstances and used for interpreting the Act.
• When there is an ambiguity in the meaning of a provision and the Act was passed on the
recommendation of a committee report, aid can be taken from that report to interpret the
provision.
FOREIGN LAWS AND DECISIONS:

• Before Independence, it was common practice for courts in Sierra Leone to take recourse
to English judgements while deciding a case on a peculiar matter. The obvious reason
behind this was that our legal system has its origins in the English legal system, and many
of the laws of both Sierra Leone and England are the same.
• When the jurisprudence of both nations would be the same, courts may resort to foreign
laws and decisions.
HISTORICAL FACTS AND SURROUNDING CIRCUMSTANCES:

• Historical facts provide a background to the statute and are important in establishing the
environment in which the statute was brought forward. This external aid is specifically
important when applying the Mischief Rule of Interpretation, laid down in Heydon's case,
which seeks to answer four points:
⁃ The law before making of the statute in question
⁃ The mischief (or Injury, if loosely stated) for which the earlier law did not provide
⁃ The remedy provided by the statute in question
⁃ The reason of the remedy so provided
• These points directly correspond to the historical facts of the statute, i.e., the setting in
which the statute is being enacted.
• Historical facts are basically the facts that lead to the evolution of the statute so they can
be of aid to the judges in finding out the true nature of the statute, and hence allow a speedy
trial.
• Any ancient fact that participated in the development of the statute would be of assistance
when interpreting that statute.
SCIENTIFIC INVENTIONS:
⁃ It may sometimes happen that once a statute is brought into force, certain developments
related to the provisions of the statute may take place. In such a case, when the statute is
interpreted, regard must be given to those later developments, especially in the field of
science and technology, which is an ever evolving field.
⁃ The contemporary society is not stationary; development in every sphere is taking place at
a rapid pace. Thus, these developments need to be taken into consideration while statutes
made to govern these developments are being construed.
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OTHER STATUTES:
• If a statute in itself is not clear of what representation it offers, then other statutes in pari
materia can be considered.
• Such statutes are not exactly the same, but they deal with the same topics, or deal with
different topics of the same subject matter.
• These statutes are enacted at different times and under different circumstances, but they
correspond to each other.
SUMMARY OF EXTERNAL AIDS:

• External aids to Interpretation are not limited to the ones mentioned above; rather, they can
be extended to include all those documents and literature that are relevant as an aid.
• Both, external and internal aids, provide assistance in the process of interpretation but the
actual result rests with the judge, hence it falls upon the judges of our courts to observe
their duties diligently.
PRESUMPTIONS IN STATUTORY INTERPRETATIONL:

• Presumptions are guidelines used by the courts in process of interpretation.
• This helps in finding out the intention of Parliament.
• However, they are only used if there are any ambiguities in language but sometimes even
if there are no ambiguities it can be used by the judges.
A PRESUMPTION AGAINST CHANGE IN THE COMMON LAW:

• It is assumed that the common law will apply unless Parliament has made it plain in the
Act that the common law has been altered.
A PRESUMPTION THAT MENS REA IS REQUIRED IN CRIMINAL CASES:

• Mens rea is one of the elements that has to be proved for a successful criminal prosecution.
There is a common law rule that no one can be convicted of a crime unless it is shown they
had the required intention to commit it.
• A presumption that the State is not bound by any statute unless the statute expressly says.
A PRESUMPTION THAT A STATUTE DOES NOT APPLY RETROSPECTIVELY:

• No statute will apply to past happenings.
• Each statute will normally only apply from the date it comes into effect.
• This is, however, only a presumption and Parliament can choose to pass a statute with
retrospective effect. This must, however, be expressly stated in the statutes.
IF LANGUAGE IS PLAIN, CONSEQUENCES TO BE DISREGARDED:

• If the language of an Act is clear and explicit, it must be given to whatever may be the
consequences because the words of the statute speak of the intention of the legislature.
• If any statutory provision is capable of only one interpretation it would not be open to the
court to put a different interpretation upon the said provision merely because the alternative
interpretation would lead to unreasonable or even absurd consequences.
WORDS TO BE GIVEN THEIR NATURAL MEANING:
24
• Words in a statute must be interpreted in their ordinary grammatical sense unless there is
something in the context, or in the object of the statute in which they occur, or in the
circumstances in which they are used, to show that they were used in a special sense
different from their ordinary grammatical sense.
NOT TO FILL UP LACUNA IN THE STATUTE:

• If the legislature has left a lacuna, it is not open to the court to fill it on some presumed
intention of the legislature.
• The primary purpose of construction of the statute is to ascertain the intention of the
legislature and then give effect to that intention.
• It cannot hold that the legislature has omitted to incorporate something which the Court is
trying to supply.
NOT TO MODIFY LANGUAGE OF THE STATUTE:

• While interpreting a statute nothing should be added to them nor should any word be treated
as impractical. It is not permissible to omit or delete words from the operative ast of an
enactment which have meaning and significance in their normal connotation, merely on
the ground that according to the view of the court, it is inconsistent with it.
FINALLY:
• Legislators draft the statutes with utmost care. They ensure that no provision of the law
causes ambiguity.
• After drawing these statutes, they undergo an intensive debate and discussion. A group of
intellectuals scrutinise the draft proposal.
• But legislation consists of legal jargon and puzzling terms, which can leave the most well-
read and knowledgeable person confused.
• Therefore, sometimes, people misinterpret the texts of these statutes. Such
misinterpretation might result in disputes between parties.
• And when the courts have to interpret this legislation, they have to do so well within the
boundary of their powers, because they cannot infringe the law-making power of the
legislature and take it in their own hands, only to create new laws out of the existing ones.
• Interpretations and constructions should be done keeping in mind the sole purpose of
delivering justice with ease.
25
MORTGAGES
• When an individual wishes to pay for the purchase of a property, it is very unlikely they
will have sufficient free assets to buy the property outright.
• Therefore, they will seek a loan to finance this up-front purchase.
• In return for the loan, the lender will take 'security' over the property. In other words, if the
borrower of the money does not pay their loan back, the lender can take the property and
sell it in order to get the money they lent back plus interest.
• Mortgages are proprietary interests. Their purpose is to secure a loan.
• Usually, 'mortgage' is used when referring to land.
• Mortgages can be secured over chattels or personal property where the modern term charge
is used.
DEFINITION OF MORTGAGES
• The case of SANTLEY V WILDE 1899 defined a mortgage as a conveyance of land as
security for the payment of a debt or the discharge of some other obligation'.
• “A mortgage is a form of security created by contract, conferring an interest in real or
personal property defeasible upon performing the condition of paying a given sum of
money, with or without interest” Clark and Morgan (eds) Fisher and Lightwood's Law
of Mortgage (15th ed, 2019, pp. 4-5).
• “Mortgage includes any charge on any property for securing money or money's worth”
Conveyancing Act, 188l.
• “Mortgage” means an encumbrance on the property charged, and does not, except as
provided by this Act, operate so as to change the ownership, right to possession or any
other interest, whether present or future in the property charged" Home Mortgage Finance
Act, 2009.
BRIEF HISTORY
• In the fourteenth century, the mortgage was a deed that actually transferred title to the
mortgagee,
• the mortgage set a specific date on which the debt was to be repaid.
• If the mortgagor failed to pay the debt, the property automatically vested in the mortgagee.
No further proceedings were necessary.
• This law was severe.
• The only possible relief was a petition to the king, who over time referred these and other
kinds of petitions to the courts of equity.
• by the 17th century, the equity courts would order the mortgagee to return the land when
the mortgagor stood ready to pay the debt plus interest.
• Thus a new right developed known for short as the equity of redemption.
• no matter how many years later, the mortgagor could always recover his land by proffering
a sum of money.
• Mortgagees tried to defeat the equity of redemption by having mortgagors waive and
surrender it to the mortgagees, but the courts voided waiver clauses as a violation of public
policy.
• Therefore, a mortgage, once a transfer of title, became a security for debt.
26
• Mortgagees won a measure of relief in the development of the foreclosure.

• On default, the mortgagee would seek a court order giving the mortgagor a fixed term
within which to pay off the debt; failure meant that the mortgagor was forever foreclosed
from asserting his right of redemption. This strict foreclosure gave the mortgagee outright
title at the end of the time period.
"Mortgagor" or "Borrower": means a person who in consideration for a loan granted to him or
to a third party or for the performance of an obligation secures the repayment of the loan or the
performance of the obligation under this Act with an immovable property and includes any person
from time to time deriving title through the original Mortgagor or entitled to redeem a mortgage
according to his interest in the mortgaged property as in Home Mortgage Finance Act, 2009.
"Mortgagee" or "Lender": means an institution that grants loans for the purposes specified in
section 2 of Home Mortgage Finance Act, 2009. and includes any person from time-to-time
deriving title through the original Mortgagee.
Mortgage Agreement: means an agreement in writing between a Mortgagor and a Mortgagee

granting the Mortgagee a charge over the mortgaged property as security for the loan and setting
forth the terms and condition of the loan.
CREATION OF THE MORTGAGE

The decision whether to lend money and take a mortgage is affected by several Acts:
1. The Conveyancing and Law of Property Act 1881
2. The Home Mortgage Finance Act, 2009
3. The Credit Reference Act, 2011
4. The Borrowers & Lenders Act, 2019
EXAMPLES OF TYPES OF MORTGAGES

1. An acquisition mortgage: Loans secured by mortgage are commonly used to enable the
borrower to acquire a piece of land, this same piece of land being used as security for the
loan (as the loan enables land to be purchased over which a mortgage can be given to secure
the debt).
2. Post-acquisition mortgages: Mortgages which are secured over land the mortgagor
already owns.
3. A fixed rate mortgage: is a loan secured by real property, where the interest rate is
determined ahead of loan disbursement; that rate does not change during the loan term. A
fixed-rate mortgage protects the borrower from raising interest rates, and the predictability
of payments makes budgeting and financial forecasting easier.
4. Repayment Mortgage: is a home loan where you repay a bit of the capital, which is the
amount you borrowed, along with some interest each month, with a repayment mortgage,
as long as you meet all your monthly payments you are guaranteed to have repaid your
entire loan by the end of the mortgage term, which is usually around 25 years.
5. An endowment mortgage is a type of mortgage in which the borrower only pays the
interest on the loan each month. Instead of making payments on the principal, the borrower
makes regular investments into a savings plan, or endowment, which will mature when the
27
mortgage matures. The borrower then uses the funds from that endowment to pay off the
mortgage's principal.
THE NATURE OF MORTGAGES

• A mortgage is security for a loan and so is both a contract and a proprietary interest.
• The mortgagee and the mortgagor will agree the loan in contract, agreeing to the repayment
terms, interest rates and so on.
• The mortgagee will usually be an institutional lender, such as a bank or a building society,
and so the terms of the contract will not be negotiable in practice but will be the standard
terms and conditions used by that institution.
• The mortgagee lends a sum of money to the mortgagor and in return the mortgagor gives
the mortgagee a mortgage over his land.
• This proprietary interest gives the mortgagee the right to sell the land to recover the debt if
the loan is not paid. This proprietary remedy is in addition to the mortgagee's contractual
right to sue the mortgagor personally to recover the monies unpaid (the sum outstanding
together with interest and costs).
• The mortgagee is only entitled to be repaid what is owed, however they cannot be over-
compensated. Therefore, if the asset is worth more than the amount owed to the mortgagee,
then the balance after the asset has been sold and the debt repaid has to be returned to the
mortgagor. This is the mortgagor's 'equity of redemption' (the difference between the value
of the asset and the amount of the debt secured upon it and the mortgagor has a proprietary
right to this.
• A mortgage does not make the mortgagee an owner or co-owner of the secured land itself.
• The mortgagee instead owns a mortgage over the land which is a separate entity.
• The nature of a mortgage gives the mortgagee the right to possession of the property, but
this is a right that is not exercised in practice unless the loan is not paid and then the
mortgagee will seek to take possession of the property before sale in order to sell the
property with vacant possession.
• The law of property requires that the rights of the mortgagee and the obligations of the
mortgagor end as soon as the debt (together with interest and costs) has been repaid.
• At this point, the mortgage is said to have been 'redeemed'. Contractual terms that
contradict this will be struck out
LEGAL AND EQUITABLE MORTGAGES

Mortgage can be legal or equitable.
1. A legal mortgage: is when a mortgage deed has been executed and the mortgage
instrument registered, and other legal requirements in respect of mortgage complied with.
2. An equitable mortgage: is when the legal requirements have not been met but an interest
has arisen by certain acts of the parties shifting their position.
An equitable mortgage can arise in the following ways:

• by the deposition of title deeds with the intention to serve as a security for loan,
• by the mortgage of one's equity of redemption which arises in further advances after the
first (legal) mortgage has been created,
• by an agreement to create a legal mortgage,
•
28
by the mortgage of the beneficiary's interest and by creating equitable charge.
DIFFERENCES BETWEEN LEGAL AND EQUITABLE MORTGAGE

1. COMPLIANCE WITH THE LAW: A mortgage is legal if it has complied with the legal
requirements in respect of the creation of a legal mortgage. The principal legal requirement
is the preparation and execution of a deed of mortgage coupled with other attributes which
ought to be present in the mortgage deed. On the other hand, a mortgage is equitable
because the legal requirements in respect of the creation of a mortgage have not been met.
It is only predicated on the fact that the parties have shifted their positions and that an
interest other than that of the mortgagor has arisen.
2. FORMAL REQUIREMENT AND DEED: A legal mortgage must be by agreement
between the parties evidenced in writing and signed by the parties. Not only that it must be
in writing but also, the parties must execute a deed. Thus, it is a contract under seal. On the
other hand, an equitable mortgage generally does not need to be under seal. An agreement
to create a legal mortgage, deposit of title deed, mortgage of equity of redemption and
mortgage of the beneficiary's interest are all instances that give rise to equitable mortgage.
3. RIGHT OF REDEMPTION: where a legal mortgage has been created, the mortgage
deed provides for the contractual date of redemption otherwise known as the legal date of
redemption. Once the legal date of redemption has passed, the mortgagor can no longer
redeem in law; he can only redeem in equity. On the other hand, equitable mortgages are
inventions of equity, So, even when the agreed date has passed, the mortgagor can always
redeem in equity without having to fall back on anywhere to seek redemption.
4. FURTHER ADVANCES: where the mortgage is legal, the mortgagor cannot obtain
further advances with his legal interest because he has parted ways with it by his act of
conveying it to the mortgagee. The mortgagor will have to fall back in equity in order to
create further advances. On the other hand, further advances can be obtained in equity with
the same mortgage property without more or less. For instance, the mortgage of one's right
of redemption is an equitable mortgage and it can be done over and over again.
5. VESTING OF INTEREST: where a legal mortgage is created, it operates to vest the legal
interest in the mortgage property on the mortgagee. The mortgagee therefore obtains the
legal estate. Thus, in the eyes of the law, the mortgagee is the legal owner of a mortgage
property. On the other hand, an equitable mortgage conveys not more than an equitable
interest on the mortgagee.
6. A legal mortgage is a complete transaction. On the other hand, an equitable mortgage in
some instances such as an agreement for the creation of a legal mortgage, deposit of title
deeds imperfect mortgage, is incomplete transactions.
7. RE-CONVEYANCE: A legal mortgage is to be re-conveyed by deed which must be
registered with the state whereas equitable mortgages do not need to be re-conveyed by
deed.
THE MORTGAGE PROCESS

• Would-be borrowers begin the process by applying to one or more mortgage lenders.
• The mortgagee will ask for evidence that the mortgagor is capable of repaying the loan.
This may include:
⁃ bank and investment statements,
⁃ recent tax returns, and
⁃ proof of current employment.
29
⁃ The mortgagee will generally run a credit check as well.

• If the application is approved, the Mortgagee will offer the mortgagor a loan of up to a
certain amount and at a particular interest rate.
• Homebuyers can apply for a mortgage after they have chosen a property to buy or while
they are still shopping for one, a process known as pre-approval.
• Once a buyer and seller agree on the terms of their deal, they or their representatives will
meet at what's called a closing.
• The seller will transfer ownership of the property to the buyer and receive the agreed-upon
sum of money, and the buyer will sign any remaining mortgage documents.
THE MORTGAGE DEED

• A mortgage agreement is a contract between the Mortgagee and Mortgagor that details the
terms of an individual's loan to purchase a real estate property. The mortgagor agrees to
pay back the loan, often with interest, in monthly instalments over a set time period.
• These agreements can be lengthy and complicated, so it is important for the mortgagor to
review and understand all of the terms of the agreement.
DESCRIPTION OF THE DEED

• It is necessary to specify the title of the deed in capital letters. for example: "THIS DEED
OF MORTGAGE is made the...... day of …...
DETAILS OF THE PARTIES

• In the mortgage deed, it is necessary to specify the name of the mortgagor and the
mortgagee.
• The mortgagor is the person who transfers the interest of his property as collateral to
take out a loan.
• The mortgagee is the person to whom such interest is transferred.
EXAMPLE
THIS MORTGAGE is made the...... day of ... In the year of Our Lord Two Thousand and Three
BETWEEN CHERNOH BAH of No. I Chernoh street, Freetown in the Western Area of the
Republic of Sierra Leone (hereinafter referred to as "the Mortgagor" which expression shall where
the context so admits include the Mortgagor's successors-in-title) of the one part and HOME
FINANCE COMPANY LIMITED, a limited liability company incorporated under the Laws of
Sierra Leone and having its registered office at No. 13 Lightfoot Boston Street, Freetown, in the
Western Area of the Republic of Sierra Leone (hereinafter referred to as the "Mortgagee" which
expression shall where the context so admits include the Mortgagee's successors-in-title and
assigns) of the other part.
RECITAL OF BORROWER'S TITLE

The Mortgagor represents and warrants to the Mortgagee that the Mortgagor has good and
marketable title to an estate in fee simple absolute in the Land and has all right, title and interest
in the Property. EXAMPLE “WHEREAS
By a Conveyance bearing date the........ day of ...... 2003 and duly registered as No..... at Page... in
Volume .... In the Book of Conveyances in the office of the Registrar-General in Freetown and
expressed to be made between John Cole of the one part and the Mortgagor herein of the other part
for the consideration therein mentioned all that piece or parcel of land and hereditaments therein
30
described and which it is hereby intended to be mortgaged were conveyed to the said Mortgagor
for an estate in fee simple absolute in possession free from incumbrance”. The Mortgagor is seised
in fee simple of and otherwise well and sufficiently entitled to the land hereditaments and premises,
which are hereby intended to be mortgaged and are more fully described hereinafter.
RECITAL OF AGREEMENT TO LAND

The recitals are the introductory statements revealing the parties intention to enter the contract.
EXAMPLE “AND WHEREAS the Mortgagee has at the request of the Mortgagor agreed to
advance monies the sum of Le20, 000.00 (Twenty Thousand Leones) (hereinafter referred to as
the "Principal Sum) and the Mortgagee has agreed to do so for the purpose of purchasing the
property lying and being at Chernoh Avenue, Hastings, Freetown upon the terms and conditions
hereinafter appearing and upon the terms that the Mortgagor should give to the Mortgagee such
security as is hereinafter contained for the due payment of all sums of money and interest which
now are or may from time to time become due and owing from the Mortgagor to the Mortgagee”.
COVENANT FOR REPAYMENT

• The methods and conditions for repaying the amount of the loan are specified in this
clause. The clause also recites the consideration and tenure for the mortgaged money
to be repaid.
• EXAMPLE “In consideration of Le20,000.00 (Twenty Thousand Leones) now paid
by the Mortgagee to the Mortgagor (the receipt whereof the Mortgagor hereby
acknowledges) the Mortgagor hereby covenants with the Mortgagee as follows: -
⁃ That he will pay to the Mortgagee the Principal Sum and interest thereunder, at
the rate of ten per cent (10%) per annum by instalments in the amounts and at
the dates set out in the First Schedule hereto PROVIDED that if the Mortgagor
defaults in payment of any one or more instalments or part thereof he will (as
well after as before any judgment) pay to the Mortgagee interest at the rate and
in the manner aforesaid on the Principal Sum or such part thereof as shall from
time to time remain owing”.
DEMISE OF MORTGAGED PROPERTY

• Mortgaged property conveyed to mortgagee until the loan is repaid or other mortgage
obligation fulfilled in full, a process known as redemption.
• EXAMPLE “For the consideration aforesaid the borrower as beneficial owner hereby
demises to the Mortgagee all that property specified in the schedule hereto TO HOLD
the same unto the Mortgagee for the term of 20 years from the date hereof without
impeachment of waste subject to the provision of cesser hereinafter contained”.
MORTGAGE CLAUSE
• The clause also describes the duty of the mortgagee and mortgagor:
EXAMPLES OF DUTIES OF MORTGAGEE

• In case the mortgagee has repaired the property, he can claim the money from the
mortgagor if given in the Contract.
EXAMPLES OF DUTIES OF MORTGAGOR
31
• Keep at all times during the continuance of this security all buildings in good and
substantial repair and condition.
• keep all buildings for the time being comprised in this security insured against loss or
damage by fire, earthquake and other risks as the Mortgagee shall from time to time
consider necessary.
• That the Mortgagor will duly and punctually pay all taxes, rates, rents and other outgoing
assessed upon or payable in respect of the said properties comprised in this security
REDEMPTION CLAUSE
• It is an important attribute of a mortgage transaction.
• The provision specifies the tenure of the mortgage deed as to when the mortgagor is entitled
to return his property.
EXAMPLE
• That if the Mortgagor shall whether lawfully demanded or not on the due date pay to the
Mortgagee all monies covenanted to be paid in accordance with the terms of his covenants
herein the sub-term hereby created shall automatically cease and determine and the
Mortgagee shall at any time thereafter at the request and cost of the Mortgagor reconvey
and surrender the premises hereby mortgaged to the use of the Mortgagor (IN FEE
SIMPLE or will otherwise discharge this security as the Mortgagor shall direct).
SCHEDULES:
THE FIRST SCHEDULE

Payment Due Principal Principal Interest Total
Number Date Payment Balance 10% Payment
1. 01.09.23 166,667 9,833,333 183,333 350,000
2. 01.10.23 166,667 9,666,667 180,278 346,944
3. 01.11.23 166,667 9,500,000 177,222 343,889
4. 01.12.23 166,667 9,333,333 174,167 340,833
5. 01.01.23 166,667 9,166,667 171,111 337,778
THE SECOND SCHEDULE

• ALL THAT PIECE AND PARCEL OF LAND AND HEREDITAMENTS situate lying
and being at No.8 Wellington Street Freetown in the Western Area of the Republic of Sierra
Leone.
• STARTING from Beacon AA/139/93 on a Colony Bearing of 56°06' for a distance of 72
feet to Beacon AA/|40/93 thence on a bearing of 147052' for a distance of 26.5 feet to
Beacon A/141/93
32
TESTIMONIAL
• IN WITNESS WHEREOF the mortgagor has set his hand and seal and the mortgagee has
caused its Common Seal to be hereunto affixed the day and year first above written.
SIGNED SEALED AND DELIVERED by the within named Mortgagee the said MR.
CHERNOR BAH in the presence of: -
………………………
MR. CHERNOH BAH
NAME.
ADDRESS.
OCCUPATION:
THE COMMON SEAL OF HOME FINANCE COMPANY LIMITED was hereunto
affixed in the presence of: -
…………..
DIRECTOR
33

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MARIAM IBRAHIM ANTAR ~ SLLS 2023

These disputes may arise through a variety of reasons:

1 Mia’s Drafting Notes (Floyd Davies)

THE LITERAL RULE OF INTERPRETATION

In the case of R V OAKES 1959, per Lord Parker C] at 354 said:

2 Mia’s Drafting Notes (Floyd Davies)

SUSSEX PEERAGE CASE, where the court stated that:

Advantages of the literal rule

3 Mia’s Drafting Notes (Floyd Davies)

3. Upholds the separation of power

DISADVANTAGES OF THE LITERAL RULE

Lord Keith gave the leading speech:

4 Mia’s Drafting Notes (Floyd Davies)

Lord Goff, however, dissented:

LONDON AND NORTHEASTERN RAILWAY V BERRIMAN 1946 a railway worker was

THE GOLDEN RULE

5 Mia’s Drafting Notes (Floyd Davies)

ADVANTAGES OF THE GOLDEN RULE

DISADVANTAGES OF THE GOLDEN RULE

THE MISCHIEF RULE

6 Mia’s Drafting Notes (Floyd Davies)

ADVANTAGES OF THE MISCHIEF RULE

AN EXAMPLE OF THE USE OF THE MISCHIEF RULE IS FOUND INTHE FOLLOWING

7 Mia’s Drafting Notes (Floyd Davies)

DISADVANTAGES OF THE MISCHIEF RULE

THE PURPOSIVE APPROACH

8 Mia’s Drafting Notes (Floyd Davies)

LORD GRIFFITHS ON THE PURPOSIVE APPROACH:

MELLONS RURAL DISTRICT COUNCIL Y NEWPORT CORPORATION (1950), 'we sit

9 Mia’s Drafting Notes (Floyd Davies)

ADVANTAGES OF PURPOSIVE APPROACH

• Leads to justice in individual cases

DISADVANTAGES OF PURPOSIVE APPROACH

POWELL V KEMPTON PARK RACECOURSE (1899) AC 143 Where it is an offence to use

WHERE CAN THIS RULE BE APPLIED?

In R (VEOLIA ES NOTTINGHAMSHIRE LTD.) V NOTTINGHAMSHIRE COUNTY

INTERNAL AIDS TO INTERPRETATION

EXCEPTIONS TO THE RULE THAT TITLES ARE USED AS INTERNAL AIDS:

MAHARISHI MAHESH YOGI VEDIC VISHWAVIDYALAYA V STATE OF M.P. AIR

In GLOBAL ENERGY LTD. V CENTRAL ELECTRICITY REGULATORY

In MAHARASHTRA LAND DEVELOPMENT CORPORATION V STATE OF

Another important example is found in KESAVANANDA BHARATI V STATE OF KERALA,

In the case of ATTORNEY GENERAL UH.R. V PRINCE ERNEST AUGUSTUS OF

EXAMPLES OF MARGINAL NOTES:

• PART I - ESTABLISHMENT AND FUNCTIONS OF SIERRA LEONE CIVIL

• PART III - REGISTRATION AND REGULATION OF AIRCRAFT

DEFINITION OR INTERPRETATION CLAUSE:

SUMMARY OF INTERNAL AIDS:

EXTERNAL AIDS TO INTERPRETATION

STATEMENT OF OBJECTS AND REASONS:

EXAMPLE OF STATEMENT & OBJECTIVES OBJECTS OF THE BILL:

• It is not considered as a conclusive aid to interpretation and is therefore, not admissible

FOREIGN LAWS AND DECISIONS:

HISTORICAL FACTS AND SURROUNDING CIRCUMSTANCES:

SUMMARY OF EXTERNAL AIDS:

PRESUMPTIONS IN STATUTORY INTERPRETATIONL:

A PRESUMPTION AGAINST CHANGE IN THE COMMON LAW:

A PRESUMPTION THAT MENS REA IS REQUIRED IN CRIMINAL CASES:

A PRESUMPTION THAT A STATUTE DOES NOT APPLY RETROSPECTIVELY:

IF LANGUAGE IS PLAIN, CONSEQUENCES TO BE DISREGARDED:

WORDS TO BE GIVEN THEIR NATURAL MEANING:

NOT TO FILL UP LACUNA IN THE STATUTE: