Section 21, The Constitution of Sierra Leone, 1991

deprivation of property. (1) No property of any description shall be compulsorily taken possession of, and no interest in or right overproperty of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say— a. the taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development or utilization of any property in such a manner as to promote the public benefit or the public welfare of citizens of Sierra Leone; and b. the necessity therefor is such as to afford reasonable justification for the causing of any hardship that may result to any person having any interest in or right over the property; and c. provision is made by law applicable to that taking of possession or acquisition— i. for the prompt payment of adequate compensation; and ii. securing to any person having an interest in or right over the property, a right of access to the court or other impartial and independent authority for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled and for the purpose of obtaining prompt payment of that compensation. (2) Nothing in this section shall be construed as affecting the making or operation of any law in so far as it provides for the taking of possession or acquisition of property— a. in satisfaction of any tax, rate or due; b. by way of penalty for breach of the law whether under civil process or after conviction of a criminal offence c. as an incident of a lease, tenancy, mortgage charge, bill of sale, pledge or contract; d. by way of the vesting or administration of trust property, enemy property; bona vacantia, property of prohibited aliens, or the property of persons adjudged or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons, or bodies corporate or incorporate in the course of being wound up; e. in the execution of judgements or orders of courts; f. by reason of such property being in a dangerous state or liable to cause injuries to the health of human beings, animals or plants; g. in consequence of any law with respect to the limitation of actions; h. for so long only as such taking possession may be necessary for the purposes of any examination, investigation, trial, or inquiry, or, in the case of land, the carrying out thereon— i. of work of soil conservation or the conservation of other natural resources; or ii. of agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable or lawful excuse refused or failed to carry out. (3) Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property or the compulsory acquisition in the public interest in or right over property, where that property, interest or right is held by a body corporate which is established directly by any law and in which no moneys have been invested other than moneys proved by Parliament or by the Legislature of the former Colony and Protectorate of Sierra Leone. (4) Any such property of whatever description compulsorily taken possession of, and any interest in, or right over, property of any description compulsorily acquired in the public interest or for public purposes, shall be used only in the public interest or for the public purposes for which it is taken or acquired. (5) Where any such property as is referred to in subsection (4) is not used in the public interest or for the public purposes for which it was taken or acquired, the person who was the owner immediately before the compulsory taking or acquisition, as the case may be, shall be given the first option of acquiring that property, in which event he shall be required to refund the whole or such part of the compensation as may be agreed upon between the parties thereto; and in the absence of any such agreement such amount as shall be determined by the High Court. Protection for privacy of home and other property.