Civil law in Sierra Leone

Common law supplies many rules for contracts, property and liability, while equity provides principles and remedies where ordinary legal rules alone do not provide a fair solution. Statutes add specific requirements, and customary law remains relevant to family, land, succession and local dispute resolution. The Constitution recognises this pluralist legal structure, including through section 170(2). The applicable legal pathway depends on the subject, the parties, the location and whether a formal or customary process applies. The National Civil Registration Authority (NCRA), Local Councils and officiating officers record births, adoptions, marriages, divorces, deaths and annulments. Registration is required for citizens and resident non-citizens under the National Civil Registration Act 2016 and supports certificates and the National Identification Number (NIN). These records often provide the proof needed for marriage, inheritance and court proceedings. Fees are prescribed, but no consolidated current fee table is verified here. Marriage may follow the Civil Marriage Act, the Christian Marriage Act, the Muslim or Mohammedan marriage framework, or customary law. Customary marriages and divorces can be registered through Local Councils. A customary divorce notification generally concerns a six-month period. Since the Prohibition of Child Marriage Act 2024 commenced on 14 December 2024, a marriage involving a child under 18 is prohibited and void. The minimum marriage age is 18. Civil consequences and registration issues should be separated from any criminal-law consequences. The Gender Equality and Women’s Empowerment Act 2022 and the Customary Land Rights Act 2022 provide equal formal rights for women and men to acquire, own, use and inherit land. A customary family-land transaction generally requires written informed consent from at least 60% of adult male and female family members, together with the required Chiefdom Council Committee certification and registration. Family heads therefore cannot treat customary family land as their sole property. Local practice may conflict with formal rights, making written records and access to a Local Court or the High Court significant. Contracts usually require offer and acceptance, intention to create legal relations, capacity, legality and consideration, meaning the value exchanged for a promise. The Statute of Frauds 1677 remains relevant to land transactions and certain agreements requiring writing. Oral and customary agreements are common, but they create greater proof and enforcement risks. A written contract should identify the parties, subject, consideration, obligations, signatures and consequences of breach. Remedies can include damages, specific performance, an injunction or rescission. The Limitation Act 1961 applies, but the period depends on the cause of action. The National Land Commission (NLC) administers the land system through national and district structures, Chiefdom Land Committees, Town and Village Area Land Committees and District Land Registries. The Western Area has urban and rural registries in Freetown, while district registries operate across the country. Land may be national, customary, individual, family, communal or public. A transaction can involve a tenancy, pledge, lease or assignment rather than full ownership. Searches, certified copies, title deeds and customary land title certificates are available for prescribed fees, but survey, stamp, registration, legal and search costs and processing times are not consolidated nationally. Land due diligence should check title, authority, consent, boundaries, competing claims, registration and environmental or community safeguards. Unregistered or defective instruments can create serious validity and priority risks. A land dispute may go to a Land Adjudication Tribunal or grievance mechanism, with a statutory customary-procedure appeal to a Local Court within one week and a tribunal finding targeted within one month. Court jurisdiction can overlap with these processes, so the responsible registry, committee or court should be identified for the particular land and location. Inheritance is governed mainly by the Devolution of Estates Act 2007 and the Administration of Estates Ordinance, Cap 45. Muslim intestacy rules are integrated through Act 21 of 2007. A valid will generally requires writing, the testator’s signature or acknowledgment, at least two witnesses and testamentary capacity. A witness who receives a gift under the will can create a risk to that gift. The executor named in a will applies to the Probate Registry of the High Court for a grant of probate, meaning authority to administer the estate. Without a will, a qualified applicant seeks letters of administration. A vesting deed then transfers the estate interests according to the applicable law. Statutory shares depend on the spouse, children, parents and family-property facts; customary or community property and chieftaincy property may fall outside an ordinary private estate. Civil liability includes negligence, nuisance, trespass, defamation, occupier liability, conversion and property-related wrongs. Contract breach remains a separate primary basis of a claim. The claimant generally has to prove the case on the balance of probabilities. A civil claim may begin in a Magistrate’s Court within its limited jurisdiction or in the High Court. Court fees, counsel, service, expert and enforcement costs vary by case, and there is no general compensation tariff. Local Courts operate under the Local Courts Act 2011 in 149 chiefdoms and can hear customary marriage, divorce, succession, land and civil matters. Magistrate’s Courts sit in judicial districts. Appeals and higher proceedings can move through the District Appeal Court or Magistrate’s Court, the High Court, the Court of Appeal and the Supreme Court, depending on the matter and procedure. High Court divisions include General and Civil, Family and Probate, Land and Property and Environmental, and Fast Track Commercial and Admiralty. The High Court Rules 2007 cover writs, originating summonses, motions, petitions, service, pleadings, evidence, default, time limits, costs, appeals and enforcement. A party may act without a lawyer, although legal representation is often practical in complex proceedings. The Legal Aid Board operates under the Legal Aid Act 2012. A person who meets the indigence requirements can apply for a certificate and representation through the Board or accredited providers, including emergency representation where available. Local Courts are generally less costly and more accessible than High Court litigation. A Judiciary communication described a Small Claims Commercial Court at Magistrates’ Courts for claims below Le 50,000 in the new currency, with a target of completion within one month; the current threshold and operation require verification before reliance. Mediation and arbitration provide formal alternatives to a full court trial. The Arbitration Act 2022 replaced Cap 25 and covers domestic and international arbitration seated in Sierra Leone, with links to the New York Convention and ICSID framework. The Sierra Leone International Arbitration Centre may administer proceedings. The Mediation Act 2023 supports civil and commercial mediation through mediation centres. A clause or later consent can lead to mediation or arbitration, followed by settlement or award recognition and enforcement through the High Court where required. Tribunal, lawyer, expert, travel and administrative costs vary. Customary mediation and Chiefdom settlements can be practically influential, but their formal effect depends on consent, statute and court control. A judgment or order is enforced through the court process, including the Undersheriff’s Office and remedies such as attachment, sale or other property execution. Since the Chief Justice directive of 6 May 2025, the Undersheriff cannot execute or sell property without signed approval from the supervising judges. Payments should produce an NRA receipt, and additional fees should also be supported by receipts. Non-execution concerns can be raised with the supervising judges. Arbitration awards and mediated settlements require the applicable recognition and enforcement procedure, while an estate generally cannot be disposed of before the relevant probate grant or vesting deed. Enforcement time and costs depend on the judgment, assets, registry, valuation, transport and legal work. The Judiciary, NLC, NCRA, Office of the Administrator and Registrar-General, Law Officers Department, Legal Aid Board, Local Councils and Chiefdom structures each have different responsibilities. SierraLII, the Judiciary, Parliament and the Law Reform Commission provide sources for formal law. Customary and formal processes are both relevant nationwide, but authority, proof and appellate safeguards can differ between the Western Area and the Provinces. Consumer protection, employment and criminal law may affect a civil dispute as a boundary or consequence, but they are separate primary areas.