Sierra Leone Oxygen Factory Limited v PB Pyne-Bailey

Writ of fieri facias should not be issued before unliquidated damages assessed. Supreme Court of Sierra Leone, 10 May 1974

In this case, which concerned a poorly repaired electric motor used to manufacture oxygen, the plaintiff successfully claimed damages in default of appearance but then made a procedural error by obtaining a writ of fieri facias to execute the judgment against the defendant before damages had been assessed. This case examines the important distinction to be made between regular and irregular judgments when a court is exercising its power to set aside a judgment, the difference between liquidated and unliquidated damages and whether or not the High Court had effectively acted as an appeal court by overturning a decision in earlier proceedings.

See Sierra Leone Oxygen Factory Limited v PB Pyne-Bailey for the full judgment.

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