The judge also ordered that the injunction restrained Dr. Kandeh Yumkella and some of his relatives who are defendants respondents’ in the matter from applying for a grant of probate, for the estate of the late Bai Sherbro Yumkella or deal with any of the properties until the hearing and determination.
Moreover, the injunction granted by the court further restrained all defendants’ respondents, whether individually, jointly, or severally from meeting as a Board of Trustees for the Yumkella Trust, until the matter being hear and determine by the court.
The Applicant Plaintiffs Mohamed Foday Yumkella, who is a brother to Dr. Kandeh Kolleh Yumkella sought court action in respect of an application by notice of motion, dated 12 July 2016, filed on behalf of the Applicant Plaintiff seeking for injunction to restrain defendants respondents, from applying for a grant of probate for the Estate of the late Bai Sherbro Yumkella 11, or deal with any property , until the matter was being heard and determined.
In support of the application was an affidavit of Counsel for Plaintiff Miss Glenna Thompson sworn to on 12 July 2016, that her Client Mohamed Foday Yumkella is the eldest son the late Bai Sherbro Yumkella 11 of Kychom Samu Chiefdom, Kambia District.
She argued that her Client father executed last will and testament dated 2 day of February 1989, and that the first defendants Haja Binty Yumkella remained the sole surviving named executrix of the will, the others having predeceased her.
According to her at the time of death of his Client’s Father, the deceased was survived by fourteen (14) children with Plaintiff Applicant and Hawanatu Yumkella the youngest, adding that the class of person or any of them who are named as trustees have not been named as executors, and it was unclear as to whether all or any of them can together with the sole surviving named executrix apply to high court for a grant of probate.
The defendants respondent opposed the application and an affidavits in opposition sworn to on 5 July 2016, by Ibrahim Turay Barrister and Solicitor, on the grounds that in 2014 all the children of the late Bai Sherbro Yumkella 11 agreed collectively that Foday Ahmed Yumkella and Dr. Maligie Yumkella be the appointed manager of the estate.
He countered that, it was collectively agreed for Foday Ahmed Yumkella to control and managed and ensure that legal steps were taken with the object of regularizing the estate, which had not been regularized since the death of their father, Bai Sherbro Yumkella 11.
Lawyer Turay then submitted that Plaintiff had been in charge of the estate, after the death of their father in 2005, and that the managers undertook not to deal with the estate pending the hearing of the application.