Supreme Court Shames GVWC Managing Director
By MTK
A recent ruling by the Sierra Leone Supreme Court on land ownership has sparked national debate and is now being cited as a critical precedent in the ongoing Mile 13 land dispute between private landowners and the Guma Valley Water Company (GVWC). The ruling, which upheld the constitutional protection of private property, raises serious legal and ethical questions about the actions of GVWC Managing Director Maada Kpenge, who has been accused of unlawfully surveying land belonging to multiple families without valid documentation.
On February 6, 2025, the Supreme Court of Sierra Leone ruled in Theophilous Pratt and Hawanatu Pratt v. Minister of Lands Dr. Turad Senessie & Others that private citizens cannot be forcibly removed from their land. The court emphasised that Section 21 of the 1991 Constitution guarantees the protection of private property and that only a proper legal process can justify land acquisition by the state.
“The State, or those acting on its behalf, must not, cannot, and should not arbitrarily enter into any private property claiming ownership where the private person has valid deeds supported by a survey plan signed by the Director of Surveys.”
This decision set a powerful legal precedent, affirming that landowners with legitimate documentation cannot have their property seized without due process. The ruling also imposed damages for trespass and breach of constitutional rights against the Minister of Lands, reinforcing the gravity of unauthorised land encroachments.
In light of the Supreme Court’s judgment, the claims made by Guma Valley Water Company regarding the Mile 13 land appear legally unfounded. The Kamara, Dumbuya, Sesay, Jalloh, Jaward, Barrie, Conteh, and Bangura families have long held legal documentation proving their ownership. Their property was surveyed and verified by the Ministry of Lands, Housing, and Country Planning, which confirmed that their land is not part of GVWC’s designated territory.
Furthermore, an independent verification established that a natural stream separates the disputed land from Guma Valley Water Company’s designated area. In contrast, Kpenge, the Managing Director of GVWC, has failed to provide any official document supporting his claim that the land belongs to the water company.
Despite lacking any legal authority over land matters, Kpenge took it upon himself to survey the land, an act that could be interpreted as abuse of power. As the Supreme Court ruling clarified, only the Ministry of Lands and its technical experts can make determinations regarding land ownership, not the head of a water utility company.
Adding to the controversy, Guma Valley Water Company’s beacons are not even located within the disputed land but are far from the area. Independent sources confirm that the land in question is approximately nine miles away from GVWC’s dam, rendering Kpenge’s claim that construction on the land would threaten the dam as baseless and misleading.
The Supreme Court’s ruling underscores the legal authority of the Ministry of Lands and the Judiciary in land ownership disputes. Yet, Kpenge’s insistence on GVWC’s claim suggests a potential power struggle between state institutions. Is this a case where a public official is disregarding legal processes, or is GVWC deliberately undermining the authority of the Ministry of Lands?
Even more concerning is the question: Was Kpenge acting alone, or is there a coordinated effort to unlawfully seize private property under the guise of public interest
This case also raises broader concerns about trust in government institutions. If private citizens obtain legitimate land documents from the Ministry of Lands, only to have another government institution attempt to override those rights without legal backing, how can Sierra Leoneans trust the system?
The Supreme Court’s ruling provides a clear legal framework: only properly documented and lawfully acquired land ownership is valid. If GVWC wishes to claim Mile 13 land, it must provide legal proof—not assumptions or verbal claims.
With tensions escalating, it is imperative that the government intervenes to prevent unlawful encroachments on private land. Civil society organisations, legal professionals, and international observers should closely monitor the situation to ensure that judicial rulings are respected and enforced.
As the Supreme Court ruling has made clear, private citizens cannot be unlawfully displaced from their land—a principle that must now be upheld in the Mile 13 dispute. The government must ensure that its institutions operate within their legal mandates, preventing individuals from exploiting state power to serve personal or institutional interests.
The Mile 13 land dispute is more than a local conflict—it is a test of Sierra Leone’s commitment to the rule of law. The Supreme Court has spoken decisively on the issue of land ownership, and its ruling must be upheld. Guma Valley Water Company and its Managing Director, Maada Kpenge, must provide legal proof of ownership or step back and respect the documented rights of the landowners.
Anything less would set a dangerous precedent where government institutions can ignore legal processes, eroding public trust and undermining justice in Sierra Leone.
