2023 SUPREME COURT OF LIBERIA DECISION
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William G. J. Juah, Administrator of the Intestate Estate of Charlotte Crawford of the City of Monrovia vs. JOJO/J. W. Lawrence, Attorney-in-Fact for Felix K. Lawrence, of the City of Monrovia
This appeal emanates from a bill of information filed before the Monthly and Probate Court for Montserrado County, by Jojo/J.W. Lawrence, the Attorney-In-Fact of Felix K. Lawrence, the appellee herein. The proceedings leading to the filing of the bill of information by the appellee shows that on January 6, 2017, the appellant herein, William G. J. Juah, obtained Letters of Administration from the Monthly & Probate Court for Montserrado County, to administer the Intestate Estate of his purported mother, Charlotte Crawford. Subsequently on February 6, 2017, the appellant filed a Petition for Interference with the Intestate Estate of Charlotte Crawford against the appellee alleging inter alia therein, that he is one of two children of the late Charlotte Crawford and is the current administrator of the deceased Charlotte Crawford’s Intestate Estate; that he is the surviving next of kin of the decedent because she had two children out of her body, the appellant and his elder sister, Read more →
Mr. Wamah Jones Kuteh, Independent Representative Candidate District # 1, Bong County vs. The National Elections Commission (NEC) (12/19/2023)
On October 10, 2023, the National Elections Commission (NEC), the 1st appellee herein, conducted Presidential and Legislative Elections at which Mr. Wamah Jones Kuteh, the appellant herein, contested in Electoral District No.1, Bong County as a representative. At the closing of the polls, the counting and tallying of votes casts in Electoral District No.1, Bong County, the 1st appellee announced Mr. Prince Koinah, the 2nd appellee herein, as the winner of the elections. In its public announcement on October 20, 2023, the 1st appellee stated that the 2nd appellee obtained 6,846 valid votes while the appellant on the other hand obtained 6,774 valid votes. The certified records culminating into this appeal and transmitted to this Court reveal that the appellant filed three (3) complaints, the first and second on October 15 & 16 and the third on the 18th of October. The third complaint was withdrawn and an amended complaint filed on October 25, 2023. Read more →
Amos Klah of the City of Monrovia vs. The Intestate of Tahiru Keingo by and thru is Administratrix Betty Keingo of the City of Monrovia (12/19/2023)
The Intestate Estate of Tahiru Keingo, the appellee herein, instituted an action of ejectment before the Sixth Judicial Circuit, Civil Law Court, Montserrado County, against Amos Klah, the appellant herein. After pleadings rested, a jury trial was had, following which the jury returned a unanimous verdict in favor of the appellee. Thereafter, the appellant filed a motion for new trial, which was objected to by the appellee, heard by the trial court, and subsequently denied. The trial court entered final ruling in favor of the appellee, which final ruling the appellant noted exceptions and announced an appeal to the Supreme Court, thus culminating into the present appeal. The certified records show that the genesis of this case dates back to May 27, 2009, when the appellee instituted a five count action of ejectment against the appellant, alleging therein that in 1985, Tahiru Keingo, during his lifetime, acquired one and one-half (1.5) lots of land situated in the Township of Gardnerville from Francis S. Fahnbulleh; that sometime in 1990, due to the civil crisis in Liberia, he, Tahiru Keingo, along with his family, fled to the Republic of Sierra Leone for refuge, but left their elder son, Thomas Keingo in charge of his property as a caretaker; that in 1999, an agent of the appellant, Read more →
THE CAMPAIGN TEAM OF MR. JULIUS K. KANOUBAH VS. HIS HONOR JOSEPH N. NAGBE & THE PRESS UNION OF LIBERIA (12/19/2023)
This Bill of Information finds its genesis in an action of Declaratory Judgment and its accompanying petition for preliminary injunction filed before the trial court by the informant, the Campaign Team of Mr. Julius Kanubah of the Press Union of Liberia 2022 election by and thru Mr. Raymond Zarbay, et al. The gravamen of that declaratory judgment suit is that one of the respondents, the administration of the Press Union of Liberia headed by Atty. Ade Wede Kerkula committed various irregularities leading to the conduct of the Press Union of Liberia 2022 elections in violation of the Press Union of Liberia’s constitution. The informant, therefore, prayed that the trial court declare their rights and enjoin and restrain the respondent's elections commission from further proceeding with the conduct of the elections until the determination of the action of declaratory judgment Read more →
Nathaniel Kevin vs. Her Honor Compfort S. Natt & Lone Star Cell MTN (12/19/2023)
The history of this case requires a careful consideration of the facts and circumstances to make an informed judicial decision. The appellant, Nathaniel Kevin was an employee of the appellee, Lone Star MTN, and he served as Regulatory Relations Senior Manager on a month-to-month basis, commencing from December 2012 with a monthly salary of US$8,390.00(Eight Thousand Three Hundred Ninety United States Dollars). However, on January 16, 2015, the appellee declared his position redundant on account of economic reasons, citing Regulation No.8 of the Labour Practices Law, which gives an employer, as in this case, the power to declare redundant a position but shall pay the employee one month salary for each year of completed service. Read more →
Moivamba Fofana et al vs Alhaji Kalamo Fofana (12/19/2023)
On the 10th day of January, A.D. 2014, the appellee, Alhaji Kalamo Fofana, instituted an action of ejectment by and thru his attorney-in-fact, Mohammed Fofana, against the defendants, Moivamba Fofana, James Fofana, Emmanuel B. Nyenswa, the Management of Tohnlo Women & Youth Training Empowerment Program and Siemon Weah substantially alleging that the appellee is owner of one acre of land lying and situated at the City of Paynesward, now Paynesville, Montserrado County which he acquired through an honorable purchased on the 28th day of April, A.D. 1979 from Leona Lloyd; that in 1994, he entrusted his title deed to Moivamba Fofana, 1st appellant herein, who the appellee knew and aided while he (the 1st appellant) was in school and at the time of entrusting him with the deed, he was a custom officer of the Ministry of Finance assigned at the Freeport of Monrovia; that he (the appellee) later found out that the 1st appellant was constructing on the land and had sold portion to other defendants; that the appellee Read more →
CHURCH OF CHRIST OF LATTER DAY SAINT VS. INTESTATE ESTATE OF JOSEPH V. GAYE SR. (12/19/2023)
On the 18th day of May 2020, the Intestate Estate of Joseph V. Gaye, Sr. by and thru its Administrators/Administratrix Stanton V. Gaye, Victoria D. Gaye, George Giah, and Sammie Peter Paul, appellee herein instituted an action of Ejectment against The Church of Jesus Christ of Latter-Day Saint represented by its authorized representatives, defendant, in the Sixth Judicial Circuit, Civil Law Court for Montserrado County. The appellee withdrew and amended its complaint on June 5, 2020. The appellee alleged in its amended complaint, amongst other things, that the appellee is the Read more →
Amos Clinton vs His Honor Joe S. Barkon (12/19/2023)
This appeal emerges before the full bench of the Supreme Couret, praying this court to review and reverse the ruling of our distinguished learned Colleague, Mr. Justice Yussif D. Kaba; which ruling he denied the preemptory writ of mandamus prayed for by the appellants. To agree or disagree with the Chambers justice’s ruling, it is expedient to briefly state the synopsis of the facts culled from the certified records of this case from the court below. Having rendered a default judgment against Amos Clinton and Rufus Wesley in an action of ejectment predicated on the sheriff’s returns which indicated that the appellants rejected or evaded the court’s precepts including writ of summons and several assignments, the appellants filed a motion in the court below praying the court to relieve them from judgmen Read more →
MR. QUANUQUANEI KARMUE VS NATIONAL ELECTIONS COMMISSION AND WOMBA (12/07/2023)
Once again, this Court has been called upon to decide an election controversy growing out of the October 10, 2023 Presidential and Legislative Elections, which this time originates from Electoral District #4, Upper Bong County. The appeal in this case is taken from the final ruling by the Board of Commissioners (BOC) of the National Elections Commission, which confirmed the ruling of the Hearing Officer, also of the National Elections Commission. The records transmitted to this Court reveal that the Appellant, Quanuquanei Alfred Karmue, through his Campaign Chairwoman, Sannie Suokollie, filed a complaint on October 13, 2023, with the Senior Elections Magistrate of the National Elections Commission stationed in Upper Bong County, in which he levied a series of allegations against the NEC Staff who conducted the Representative Elections for District 04, Voting Precinct no. 6004, Belefanai Administrative Building. In the said letter of complaint, the complainant alleged that throughout Election Day, October 10, 2023, a certain individual, fraudulently wearing a NEC vest, intimidated voters to vote for Candidate Robert Flomo Womba, 2nd Appellee herein. In addition, the complaint alleged the individual who admitted that he did not have an NEC identification was allowed by the NEC staff to continue to permit voters into Room 1, unmonitored, after the voting time Read more →
The Intestate Estate of Joseph N. Boley Vs. Oldman Gaye et. al. (12/07/2023)
This motion to dismiss is before this Court from a ruling made by the Seventh Judicial Circuit Court, Grand Gedeh County on April 7, 2023, in a cancellation proceedings case in which the trial judge ruled against Oldman Gaye Gbarwo et al. respondents herein. The facts as alleged are that the movant, the Intestate Estate of Joseph N. Boley, represented by its Administrator Mr. Thomas N. Boley et al. filed a petition for cancellation against one Oldman Gaye Gbarwo et al., respondents herein praying the court to cancel the respondents purported land sale deed made by the respondents in their own name alleging that the said deed was fake and Read more →
ISSAC B ROLAND VERSUS JOSRPH ALLISON AND AUSTIN B TAYLOR (11/28/2023)
This case is before us on appeal taken from the Ruling of the Board of Commissioners (BOC) of the National Elections Commission (NEC) wherein the Board of Commissioners confirmed the Ruling of the Hearing Officer of the NEC dismissing the complaint filed before the NEC by the Appellant herein. In his complaint, filed on October 13, 2023 before the Electoral Magistrate for Maryland County, the appellant, a candidate fielded under the ticket of the Coalition for Democratic Change (CDC), raised a single act of irregularity by the NEC staff stationed at the polling centers, that is, that his poll watchers were asked out of six vote counting facilities, thus depriving them of access to the vote counting process at those centers and the right to participate in the process. He therefore requested that there be a recount at the six centers named in his complaint. For the benefit of this Opinion and the determination of the correctness or error allegedly made by the Board of Commissioners in confirming the Ruling of the Hearing Officer, we quote the appellant’s complaint in its entirety verbatim, as follows: Read more →
The Intestate of Gobbeh Kamara vs. The Intestate of J. Lamark Cox (11/28/2023)
This motion to dismiss appeal emanates from a judgment rendered by the Sixth Judicial Circuit Court, Montserrado County on the 4th of April, 2022, denying a motion to intervene filed by the respondent herein against the movant in an ejectment action filed by the movant. The movant requests this Court to dismiss the appeal announced by the respondent from the said judgment on two grounds: that the respondent failed to superintend its appeal by failing to submit the certified copy of its records before this Court within the period of ninety (90) days as prescribed by Section 51.11 of the Civil Procedure Law; that up to the filing of this motion to dismiss appeal that the respondent has not still submitted its certified records before this Court and that the tax clearance attached to the respondent’s appeal bond expired on Read more →
Johnson Teah vs Philip Orega Awacotata and Sylvester (11/28/2023)
Our procedural code provides that the announcement of the taking of an appeal, filling of the bill of exceptions, the filling of an appeal bond, and the service and filing of a notice of completion of appeal are the necessary requirements for the completion of an appeal; and that the failure to comply with any of these requirements within the time allowed by statue shall be ground for the dismissal of the appeal. Civil procedure law rev. code CPLR 1:51.4. It is a settled principle in this jurisdiction that only strict compliance with the appeal statute confers jurisdiction on the Supreme Court of Liberia to entertain and delve into the merits of a matter certified for an appellate review. David Gotoba v. LBDI, Supreme Court Opinion, March Term, 2023; Catakaw et al v. Karweh, Supreme Court Opinion, March Term, 2010; Read more →
UNITY PARTY AND LIBERIA PEOPLE PARTY VS. THE NATIONAL ELECTIONS COMMISSION-PETITION FOR WRIT OF MANDAMUS (10/06/2023)
The conduct of free, fair and credible elections is the bedrock of all democracy. It is the process by which a nation and a people determine who will and who should govern and direct the course of their lives for a given period of time, especially as provided for by the highest law of their land---the Constitution. Through elections, the people manifest their desire for a civilized and democratic order. These objectives were not lost by the framers of our Constitution, adopted in 1984 and with an effective date of January 6, 1986, when they crafted these words: “All power is inherent in the people. All free governments are instituted by their authority and for their benefit and they have the right to alter and reform the same when their safety and happiness so require. In order to ensure democratic government which responds to the wishes of the governed, the people shall have the right at such period, and in such manner as provided for under this Constitution, to cause their public servants to leave office and to fill vacancies by regular elections and appointments [Emphasis ours]. The Liberian Constitution of 1986 effectuates this vision, a democratic constitutional Read more →
Thomas Nimene Tweh vs. Siah Jarmie Tandapolie (10/05/2023)
This Application by Special Leave, filed on September 22, 2023, and amended on September 25, 2023, by Thomas Nimene Tweh, before the bench en banc of this Honourable Court, seeks to have this Court grant unto the Applicant special permission to file a petition for re-argument in a case decided by this Court on August 31, 2023, wherein this Court, in its Opinion and Final Judgment, reversed the Ruling of the Board of Commissioners (BOC) of the National Elections Commission (NEC) allowing the Applicant to contest the Representative Seat for District # 11, Montserrado County. Under Article IX of the Amended Rules of the Supreme Court, a party against whom the Supreme Court had ruled and entered a judgment against may, within three days of receipt of the Court’s Opinion and Judgment, file a petition for re-argument of the case. The Supreme Court Rule also requires that in order for the Supreme Court to give Read more →
UNITY PARTY V. NEC-Violation of Section 4.1(2) – 3 (2) (10/05/2023)
This Court has been called upon by the Unity Party, Appellants, to determine whether the National Elections Commission, Appellee has violated Chapter 4, entitled “Conduct of Elections”, particularly Section 4.1(2) of the New Elections Law with respect to the number of registered voters in a voting precinct. Before proceeding into the allegations laid in the Complaint by the complainant, the Court will undertake a brief historical review of section 4.1(2). Pursuant to a mandate that devolved upon it, the Legislature in 1986 enacted the New Elections Law, which provided at Section 4.1(2) that the number of registered voters in any precinct shall not exceed 1000. In 2004, the National Transitional Legislative Assembly amended this section by the Elections Act of 2004, approved December 17, 2004. As amended, the Act provides that: Read more →
ODESCO TARPEH VS. ERIC VAYE (09/13/2023)
The facts as culled from the records in this case are that, on August 21, 2023, the appellant Odesco Tarpeh, a registered voter of Electoral District #5, Montserrado County, filed a letter of complaint to the National Elections Commission (NEC) objecting to the eligibility of the Co-appellee Eric Vaye to contest as representative candidate in Electoral District #5, Montserrado County. In the complaint, the appellant alleged that Co-appellee Eric Vaye is ineligible to contest because he was convicted for the commission of a felony and was sentenced to a prison term of five (5) years, and that he had not served the prison sentence levied against him. On August 17, 2023, the Liberia First Movement Party, by and thru its Chairman, Layee Togba, filed a motion to join, praying the NEC to join it as a party in the case because it is qualified and suitable to be an objector to ensure that a convict who has not served his prison term be disallowed from contesting for an elected position in Liberia. Read more →
HUSSEIN SEIMAVULA vs BINTU MANSARAY-SUPREME COURT FINAL (09/06/2023)
As part of the democratic sphere of Liberia, the Liberian Constitution, adopted by the citizens of Liberia at a Referendum in 1984 and which became effective on January 6, 1986, with the inauguration of the new civilian constitutional government, provides at Chapter VIII, Article 83(a) that the Liberian nation-state will conduct every six (6) years, throughout the Republic, elections for the “President, Vice-President, members of the Senate and members of the House of Representatives”, same to be carried out “on the second Tuesday in October of each election year.” In effectuation of this mandate, the Constitution further provides, at Chapter X, Article 89(b) that there shall be an Elections Commission which shall be charged with the responsibility of conducting the said elections, and it vest in the Legislature the prerogative to enact the Elections Laws to govern the electoral process and the conduct of the said elections Read more →
Eminent Citizens & Residents of Margibi County VS. Hon. Nathaniel F. McGill of Margibi County (08/31/2023)
This is an appeal from a ruling made by the National Elections Commission (NEC) on a motion to dismiss a complaint challenging the eligibility of the appellee, Mr. Nathaniel F. McGill, to contest as a senatorial candidate of Margibi County in the 2023 Presidential and Legislative Elections. The genesis of this appeal as per the records is that, on July 10, 2023, one Peter F. Mulbah, referring to himself as an eminent citizen of Margibi County, wrote a letter to Madam Davidetta Brown Lassana, Chairperson of the National Elections Commission (NEC) objecting to the certification of Mr. Nathaniel F. McGill to contest in Margibi County as a senatorial candidate. He alleged that Mr. McGill lied under oath when he stated that he domiciles in Margibi County, whereas, he lives in the R-2 Community located in Montserrado County. Subsequently, on July 13, 2023, several citizens referring to themselves as Eminent Citizens Read more →
Siah Jarmie Tandapolie, New Liberia Party et al. v. National Election Commission (08/31/2023)
This appeal emanates from the final ruling of the Board of Commissioners (BOC) of the National Elections Commission (NEC), wherein the BOC affirmed the ruling of the Hearing Officers of the NEC and dismissed the appellants’ appeal. The certified records show that on June 19, 2023, co-appellants Siah J. Tandapolie, of the New Liberia Party, Emmanuel K.B. Togba, of the All Liberian Party, and James Marwieh, referring to himself as an eminent citizen of District # 11, filed separate complaints before the NEC, objecting to the nomination and certification of Dr. Thomas Nimene Tweh, the appellee herein, as a provisional candidate vying for the Representative Seat in District # 11, Montserrado County. In summary, the appellants contend in their separate complaints, that the appellee held dual citizenship, Liberian and American which disqualifies him from contesting the representative seat; that in substantiation of the said allegation, the appellants proffered copies of the biometric page of an American Passport and a driver’s license of the State of California purportedly belonging to the appellee; that the appellants further alleged that the appellee is not domiciled in District # 11 as he claimed, but rather domiciled in Louisiana, which is situated in District # 1, Montserrado County. Read more →
CONCERNED REGISTERED VOTERS vs J. MILTON TEAHJAY (08/31/2023)
This appeal emanates from the final ruling of the Board of Commissioners of the National Elections Commission (NEC), entered on August 11, 2023, in favor of the appellee, J. Milton Teahjay, having entertained arguments on the appeal taken by appellants, Concerned Registered Voters of Sinoe County, from the ruling of the Hearing Officer of the National Elections Commission (NEC), in which the Hearing Officer granted the motion to dismiss the objection filed by the Concerned Registered Voters of Sinoe County, objecting to the candidacy of the appellee, J. Milton Teahjay, for the Senatorial Seat of Sinoe County. The facts from the certified records in this appeal show that on August 19, 2023, the appellants, Concerned Registered Voters of Sinoe County, filed with the National Elections Commission an objection against the participation of Senator J. Milton Teahjay to contest for the senatorial seat in Sinoe County in the ensuing Read more →
Stoner Liberia Inc. vs. Ecobank Liberia Limited (08/11/2023)
The appellant, Stoner Liberia, Inc. (Stoner), requests this Court to review and reverse the ruling entered by the Justice in Chambers, denying the petition for the writ of prohibition filed by the appellant against the conduct of Judge Eva Mappy Morgan of the Commercial Court of Liberia. We are to determine whether the Justice’s ruling is erroneous and reversible as a matter of law as alleged by the appellant. The undisputed facts as revealed by the records are that on July 3, 2018, the Co-appellee Ecobank Liberia Limited (Ecobank) filed an action of debt by attachment against the appellant Stoner before the Commercial Court of Liberia, alleging that the appellant Stoner is indebted to it in the sum of US$946,787.04 (Nine Hundred Forty-six Thousand Seven Hundred Eighty-seven Dollars Four Cents United States Dollars); that this amount derived from a loan facility secured by the appellant and which loan the appellant had failed to liquidate in full and in keeping with the agreement executed between the parties. The Co-appellee Bank prayed the court to adjudge the appellant liable and order it to pay the said amount. Read more →
The Management of Ecobank (Liberia) Limited vs Embassy Suite Corporation (08/11/2023)
This appeal is from the final ruling of Mr. Justice Yussif D. Kaba, then Resident Circuit Judge of the Sixth Judicial Circuit, Civil Law Court, Montserrado County, and before his ascendancy as Associate Justice of the Supreme Court, wherein he affirmed the verdict of the jury awarding damages in the amount of One Million Five Hundred Thousand United States Dollars (US$ 1,500,000.00) to the Embassy Suites Incorporated, the appellee herein, for acts allegedly perpetrated by the appellant herein, Ecobank Liberia Limited, against the Embassy Suites Sole Proprietorship, prior to the coming into existence of the Embassy Suites Incorporated. The history of this case is traced to August 10, 2009, when the Liberia Resort Management Group Incorporated through its three shareholders, Mr. Winfred R. Gibson, Mr. Anwar Saoud, and Mr. Marina Nazarine/Vahagn Poghosyan, applied to the appellant, the Ecobank (Liberia) Limited, and subsequently obtained a loan in the amount of Five Hundred Thousand United States Dollars (US$500,000.00) for the purpose of financing the renovation of a ten-bedroom hotel and the construction of a new building on the premises of the Liberia Resort Management Group Incorporated, located in Mamba Point Read more →
J.D. Wesley et al vs. His Honor Yamie Gbaisay et al (08/11/2023)
Rule IV, Part 12 of the Revised Rules of the Supreme Court prescribes the office of bill information as follows: “(a). A bill of information will lie to prevent a Judge or any Judicial Officer who attempts to execute the mandate of the Supreme Court in an improper manner from doing so with the Judgment and/or Mandate of the Supreme Court. (b). A Bill of Information will also lie to prevent any one whomsoever from interfering with the Judgment and/or Mandate of the Supreme Court. (c). Any Counsellor who files a Bill of Information before this Court assigning reasons therefor other than the reasons expressly prescribed by these Rules shall be penalized by the imposition of a fine, suspension or disbarment.” The Supreme Court has held in a long chain of Opinions that for a bill of information to be granted, the matter forming the basis of the information must have been pending before the Supreme Court or decided by it; that Read more →
Sansee Kowo et al. vs Republic of Liberia (08/11/2023)
The appellant, Sensee Kowo, is before the Supreme Court appealing his conviction of murder emanating from the final ruling of the Second Judicial Circuit Court, Grand Bassa County. The records established that the Republic of Liberia, the appellee herein, arrested the appellant and two other defendants in persons of Rancy Dolo and Martin Dolo, and following investigation, jointly charged them for the murder of Samuel Selleh. Subsequently, the Grand Jury of the Eighth Judicial Circuit, Nimba County, indicted all the defendants for the commission of the crime of murder. The nine (9) count indictment alleged inter alia, that on March 8, 2020, the decedent, Samuel Selleh, and three of his friends were seen loitering around the Jackie’s Guest House, a private business center; that two private security guards assigned to an area proximate to the said business center, namely co-defendants Martin Dolo and Rancy Dolo approached the decedent and his friends demanding to know the contents of a bag being carried by one of the decedent’s friends; that an argument ensued because one of the decedent friends questioned the authority of the co-defendants to search their bags, noting that the co-defendants were not officers of the Liberian National Police (LNP) or the Liberia Drug Enforcement Agency (LDEA); that during the argument, co-defendant Martin Dolo called his boss, the appellant herein, Sensee Kowo, requesting that he come on the scene; that upon the appellant’s arrival, and without investigating the cause of the argument, proceeded to take hold of the decedent from the back Read more →
Roosevelt Demann vs Republic of Liberia (08/11/2023)
The Liberian Constitution at Article 21 enumerates rights guarantee to all persons accused of committing offenses against the Republic irrespective of the ghastly nature of the offenses. Of relevance to this appeal prosecuted by Roosevelt Demann, appellant convicted in the court below of the crime of murder, a felony of the first degree, is Article 21(h) which provides as follows: “No person shall be held to answer for a capital or infamous crime except in case of impeachment, cases arising in the Armed Forces and petty offenses, unless upon indictment by a Grand Jury and in all such cases, the accused shall have the right to a speedy, public and impartial trial by a jury of the vicinity, unless such person shall with appropriate understanding, expressly waive the right to a jury trial. In all criminal cases, the accused shall have the right to be represented by counsel of his choice, to confront witnesses against him and to have compulsory process for obtaining witnesses in his favor. He shall not be compelled to furnish evidence against himself and he shall be presumed innocent until the contrary is proved beyond a reasonable doubt Read more →
Minister Dean Contempt Proceedings (08/11/2023)
In an Opinion growing out of contempt proceedings against then Attorney General/Minister of Justice, C. Abayomi Cassell, the Supreme Court, in 1961 speaking through Mr. Chief Justice James A.A. Pierre in the case: In Re C. Abayomi Cassell, 14LLR 391, 403, 404 (1961), opined thus: “…the Judiciary is the anchor which holds stabilized government in balance; without it, vested interest might suffer, sacred rights [will] be violated, constituted authority [will] be challenged; and in fine, administrative chaos could result…The Judiciary is only as weak as the concept of those who imagine it to be so; and it is as strong as the will of those who worship within its shrine…” We affirm and confirm this holding of the Supreme Court, and are of the view that same is epiphanic and true, not just to the faithful few of 1961 but also to the current worshippers and priests in Black Silk who revered the sacredness of these hallow walls and have sworn by holy writ to show due respect to the courts at all times regardless of their station or social status. The present case is another classical example of another Attorney General/Minister of Justice and Dean of the Supreme Court Bar who has substituted his ethical responsibilities to the courts of Liberia with that of mudslinging in order to impugn and undermine the image of the Judiciary and to camouflage the ineptitude of the Institution he heads and as the chief prosecutor of all crimes in the Republic of Read more →
Lamine Bonokai et al vs Bishop Fungbeh Kiamu (08/11/2023)
This appeal grows out of a final ruling of the Sixth Judicial Circuit for Montserrado County in an action of ejectment filed by Bishop Fungbeh Kiamu, appellee, against several defendants, namely: Lamei Bonokai, William Mator, Jackson Quashed, Ma Sonny, Taku Jil, Sensee Elijah, Anthony Daniel and Papa Korkor, now appellants. The records show that after pleadings rested, the law issues disposed of and a regular jury trial had, the jury returned a unanimous verdict of liable against the appellants which verdict was confirmed by the trial court in its final ruling rendered on May 31, 2018. The appellants noted exceptions on the record, announced appeal and perfected same for an appellate review. It is worth noting that on appeal, this case was first called for hearing on November 17, 2020, the appellants requested continuance on ground that the counsel retained to represent them before this Court had conflict of interest. Similar request was made and granted on May 4, 2021 thereby abating the hearing of this appeal in two successive terms of court. When this matter was again assigned for hearing on May 18, 2023, the appellants have again assigned the same reason for failing to file a brief and to appear for argument of the case. This Court viewed the act of the appellants as a dilatory Read more →
Mr. Foleboi K. Kamara of 941 Yeadon Avenue vs. Alhaji Mohammed Fofana (08/11/2023)
In this appeal, we are asked by the appellant to overturn the ruling of the Sixth Judicial Circuit Court, Montserrado County, made in a declaratory judgment proceedings in which the court ruled that the appellee has a continuous leasehold right to the disputed property by virtue of an amendment made to the original lease agreement entered into between the appellee and the decedent of the appellant’s estate, Alahaji Mohammed Fofana, on July 15, 1998. The essential facts are that the appellee and the decedent of the appellant estate, Alhaji Mohammed Fofana, entered into a lease agreement on June 20, 1997, for a parcel of land containing 1.87 lots, lying and situated in Fish Market, Sinkor, for a period of twenty (20) calendar years. As relevant to this appeal, clauses 2 and 3 of the lease agreement read: Read more →
WISSEDI SIO NJOH VS. INTESTATE ESTATE OF C. HARRY GBESI (08/11/2023)
This case is before us on appeal from the ruling of the Judge of the 13th Judicial Circuit, Margibi County, sitting in its February Term, A.D. 2020, in which she confirmed the verdict of liable returned by the trial jury against the Defendants, with general damages of Two Hundred Fifty Thousand United States Dollars (US$250,000.00) and special damages of Twenty Five Thousand United States Dollars (US$25,000.00) in favor of the Plaintiff. The certified records revealed that the Defendants excepted to the court’s final ruling and announced its appeal to this Court sitting in its October Term A.D. 2020. The events out of which these appeal proceedings grew, as certified in the transmitted records reveal that on April 15, 2019, during the February Term of court, 2019 of the 13th Judicial Circuit, Margibi County, the appellee, plaintiff in the court below, the Intestate Estate of C. Harry Gbesi, represented by and through its administrator, H. Williams Choloply of the City of Kakata, Margibi County, instituted an ejectment action against the defendants, Wissedi Sio Njoh and all persons under her authority, appellants herein. In a nine-count complaint, the appellee alleged that it is the owner of nine hundred seventy-five (975) acres of land situated and located in Charlesville, Marshall, Margibi County Read more →
Mrs. Warti Nancy Robinson-Bility vs. Mr. Sidikie Musa Bility (08/11/2023)
The appellee Sidike Musa Bility and the appellant Warti Nancy Robinson-Bility were husband and wife, who during the pendency of their marital relationship begot two children; namely, Al-Hussein Bility and Sidike Bility, who are minors. On May 5, 2021, the Civil Law Court, Sixth Judicial Circuit, based on an Action of Divorce for Incompatibility of Temper filed by the appellee, entered a decree dissolving the marriage between the appellee and the appellant. The instant appeal emanates from the granting of permanent custody of the two minor children begotten out of the marriage to the appellee Sidike Musa Bility. The certified records reveal that while the divorce proceedings between the parties was pending before the Civil Law Court, the appellee filed a motion for temporary custody, praying the court to grant unto him temporary custody of the two minor children pending the final disposition of the divorce proceedings. The appellee contended in his motion that his request for Read more →
Johnetta Pinky Abou vs Republic of Liberia (08/11/2023)
On September 10, 2018, the Grand Jury for Montserrado County sitting in its August Term, returned a true bill charging the appellant, Johnetta Pinky Abu with the crime of murder, a felony of first degree. The indictment averred as follows: “ INDICTMENT The Grand Jurors for Montserrado County, Republic of Liberia, upon their oath do hereby find, more probably than not that defendant Johnetta Pinky Abu, Intentionally, willfully, purposely and knowingly and with malice, committed the crime of Murder a felony of the first degree to wit: 1. That during the evening hours to Thursday June 14, 2018, the late Morris Johnson and the Defendant Johnetta Pinky Abu along with one Genevie were together at a local entertainment center, Pepper Read more →
Varfin Kenneh v. Jallah Boi et al (08/11/2023)
This case is before us on appeal from a ruling rendered by the Sixth Judicial Circuit, Civil Law Court, Montserrado County, against the appellant Varfin Kenneh. The appellant challenges the lower court’s ruling, averring that the court overlooked material facts in the case, and has petitioned this Court to overturn the ruling and enter the ruling that ought to have been rendered by the court below. The salient facts that are crucial to the determination of this matter are that on March 6, 2019, the appellant Varfin Kenneh, by and through his Attorneys-in-Fact, Foday Kenneh and Mohammed Kenneh, filed an action of ejectment before the Sixth Judicial Circuit, Civil Law Court, Montserrado Read more →
Mohammed Koroma v. George Henries (08/11/2023)
This Court has been called upon by the appellants, Mohammed E. Koroma and his grantor, Daniel K. Tor, to reverse the final ruling of the trial court entered in favor of the appellees, George E. Henries, Beverly Barns and her husband, Roland Barns, James A. A. Pierre, Jr. and J. C. N. Howard, Jr. on April 3, 2019, upon a jury verdict of not liable. The facts gleaned from the records before this Court reveal that on November 20, 1989, the appellants filed before the Sixth Judicial Circuit, Civil Law Court for Montserrado County, an action of Bill in Equity to Remove Cloud on Title against the appellees. The co-appellant, Mohammed Koromah, contended principally that on August 22, 1981, Read more →
Bea Mountain Mining vs Corporation Frederick Kamara et.al(08/11/2023)
This case has its origin in a contract executed between the appellant, Bea Mountain Mining Company (BMMC), and the International Construction & Engineering, Inc. (ICE) for the construction of a processing plant at the appellant’s mining site in Grand Cape Mount County, named and styled the “New Liberty Gold Mines”. Following the execution of the contract between the appellant and the International Construction & Engineering, Inc. (ICE), the latter as a separate and distinct entity, proceeded to hire the appellees in these proceedings in order to perform its responsibilities under the contract with the appellant. The project commenced at the appellant’s mining site, with all parties performing in compliance with the terms and conditions of the contract until the International Construction & Engineering, Inc. (ICE) breached certain provisions of the contract, prompting the appellant to terminate its services Read more →
MARTHA G. GWEH VS. IMAM ISAMAIL (08/11/2023)
Martha G. Gweh, by and through her Attorney-In-Fact, Mr. D. Morgan Paye, informant herein, filed a bill of information with this Court, alleging amongst other things, the obstruction of this Court’s mandate by Iman Isamail Sesay et al., and their counsel, Counsellor Alhaji Swaliho A. Sesay, respondents herein, by the physical impediments created and the filing of bogus and unmeritorious objection to the repossession of the informant of the subject property as mandated by this Court. The genesis of this case is that, the informant, Martha G. Gweh by and through her Attorney-In-Fact, Mr. D. Morgan Paye, filed an action of ejectment against Iman Isamail Sesay and [a] Lady to be identified, together with all other persons illegally occupying the subject property, all of the City of Paynesville, Montserrado County, Republic of Liberia, at the Civil Law Court, Read more →
Acquillas Construction Company vs The Government of the Republic of Liberia(08/11/2023)
This appeal grows out of the ruling of our distinguished colleague, Chief Justice Her Honor Sie-A-Nyene G. Yuoh, then Justice presiding in Chambers of this Court during the October Term, A. D. 2016. Our review of the facts revealed by the records show that our colleague’s ruling captures substantive narrative of the facts and rationale for granting the appellee’s, the Government of Liberia, petition for a writ of certiorari. We quote the said ruling verbatim as follows: “On June 23, 2015, the Acquillas Construction Company, the respondent herein instituted an action of debt in the Commercial Court, Montserrado County sitting in its June Term A.D. 2015, against the Government of Read more →
G T BANK v. Charles Sirleaf (08/11/2023)
The appellant, Guaranty Trust Bank (Liberia) Limited, has challenged the final ruling of the Commercial Court in which the latter ruled and adjudged the former liable to the appellees, Charles E. Sirleaf and Bojelene Guest House Inc. for breach of deposit contract and awarded damages in the aggregate amounts of One Million, Six Hundred Seven Thousand United States (US$1,607,000.00) Dollars and Fifteen Million, Six Hundred Ninety Thousand Liberian (L$15,690,000.00) Dollars, and has called upon the Supreme Court of Liberia to reverse the final ruling of the Commercial Court. The certified records show that on September 3, 2020, the appellees, plaintiffs in the Commercial Court of Liberia, instituted an action of damages for breach of deposit contract against the appellant, Guaranty Trust Bank (Liberia) Limited, as defendant below, having complained that the Bank failed to address concerns of fraudulent banking transactions carried on their accounts maintained with the appellant bank. The appellees alleged in substance that Eight Hundred Sixty-Six Thousand, Five Hundred Eighty United States Read more →
Fallah Willie et al Vs. Yuissif Fahnbulleh et al (08/11/2023)
This case is before us on appeal from the final ruling of the assigned Judge of the 6th Judicial Circuit, Civil Law Court, Montserrado County, sitting in its March Term A.D. 2016 in an action of ejectment filed by Yussif B. Fahnbulleh and Frazeanatu Fahnbulleh, represented by and through their Guardian, Madam Doris Z. Menwon of 72nd Community, Paynesville City, Montserrado County, appellees herein, against Fallah Willie, Joseph Saah and all occupants under their control and Archie T. Nazzal, also of 72nd community, Paynesville City, Montserrado County, Republic of Liberia, appellants herein. The facts as gathered from the certified records of the case revealed that on December 9, 2013, the appellees by and through their guardian, (Natural mother) Madam Doris Z. Menwon, instituted an action of ejectment against appellants at the 6th Judicial Circuit, Civil Law Court, Montserrado County. The appellees alleged in their complaint that they are minor children of Madam Doris Menwon and Boakai Fahnbulleh, who were the original owners of the property and deeded the property, subject of these proceedings, to their minor children after they got divorced; that the said property lies along the Somalia Drive within the 72nd Barracks Community, and the frontage of the property faces the Somalia Drive. The appellees further Read more →
The Management of G N Bank vs. Mr. Morris Barsi-Giah (07/05/2023)
On May 2, 2017, Mr. Morris Barsi-Giah, appellee, by and thru his legal counsel filed a complaint of unfair labor practice and wrongful dismissal with the Ministry of Labour against the Management of G. N. Bank ( Liberia) Limited, appellant herein. The complaint alleged that the appellee was first employed with the F.I. Bank on August 26, 2013 as an audit officer, and later absorbed or acquired by the appellant on June 6, 2016; that the appellee was appointed on a committee to investigate alleged fraud perpetrated by certain employees of the appellant bank which investigation report did not implicate the appellee in any wrong doing; that as a result of the investigation conducted by the appellee’s committee, the names of five persons were forwarded to the police for criminal investigation; that on December 29, 2016, the appellant suspended the appellee without pay pending the outcome of an investigation into the appellee’s alleged complicity in the alleged fraud; that while that criminal investigation was ongoing, the appellant dismissed the appellee from its employ on April 17, 2017; that the appellant’s Read more →
Saah James vs. Republic of Liberia (07/05/2023)
On the 16th day of September, 2011, the Grand Jury for Montserrado County sitting in its August Term returned a true bill charging Saah James, appellant herein and one Robert to be identified for the commission of the crime of criminal attempt to commit murder, a felony of the second degree. We quote verbatim the indictment as follows: “ The grand jurors for Montserrado County, Republic of Liberia, upon their oath do hereby find, more probably than not, that the defendants, Saah James and Robert to be identified, committed the crime of criminal attempt to commit murder, a felony of second degree, to wit:- Read more →
J J Warrabi vs. The heirs of the late Gabriel L. Dennis (07/05/2023)
On January 5, 1996, the appellant, J. J. Wariebi, Sr. commenced an action of ejectment against the appellee, the heirs of the late Gabriel L. Dennis, before the Sixth Judicial Circuit, Civil Law Court for Montserrado County. The appellant’s complaint alleged that on January 13, 1989, he acquired a parcel of land from the Intestate Estate of G. Kofa Nagbe by and thru its Administrator, John T. G. Nagbe, as evidence by exhibit “A” attached to the complaint, which is a copy of an administrator’s deed containing twenty acres of land backed by a public land sale deed dated March 11, 1911 in favor G. Kofa Nagbe; that realizing that the appellees are occupying the said property without his consent, he gave them notice to vacate; that upon receipt of the notice to vacate, the appellees, through their counsel, requested a meeting which yielded no result; and that the appellees’ wrongful withholding of his property has caused him mental anguish, hardship and damages. The appellant therefore prayed the trial court to oust, evict and eject the appellees from his property and grant unto the appellant any other relief the court deems just Read more →
SOLOMOM NGLKIA VS. JOSEPH MOMOH (07/05/2023)
This is an appeal from a final ruling rendered in an action of ejectment filed by the appellee James Z. Momoh by and thru his Attorney-in-Fact George Lansana Fallah against the appellants Solomon Ngekia, Hawa Fahnbulleh, Ansumana Sheriff, Beatrice Johnson et al, in Sixth Judicial Circuit Court, Montserrado County. The appellee alleged that the appellants are withholding his property and have refused to vacate the said property despite several requests for them to do so. After several interlocutory challenges by the appellants, the Civil Law Court rendered final judgment against the appellants, adjudging them liable in ejectment and ordering that they be ousted and evicted from the subject property. The appellants now ask this Court to reverse the adverse judgment entered by the Civil Law Court against them. The records reveal that the appellee filed the action of ejectment on April 27, 2010, before the Civil Law Court, Montserrado County; that based on the complaint, the court issued out the writ of summons along with the complaint for service on the appellants. The returns of the sheriff indicated that the Co-appellant Ansumana Sheriff received the court’s precepts but refused to sign the copy of the writ of summons, while the rest of the Read more →
Intestate Estate of Shad Kaydea v Varlee Trawally (07/05/2023)
The facts in this case are not in dispute. The appellant (lessor) leased a piece of property known as the OAC compound to the appellee (lessee) on December 24, 2005, for a period of Twenty years (20) years, commencing from January 1, 2006 to December 31, 2026, for an annual rent of Three Thousand United States Dollars (US$3,000) payable at the beginning of each year. Clause Ten (10) of the lease agreement between the parties provides that in the event the leased property is assigned or subleased by the appellee to a third party, the appellant would be entitled to Twenty-Five Percent (25%) of the difference in the rent payable to the appellee under the sub-lease agreement and the rent payable by the appellee under the original lease agreement. Clause Six (6) of the lease agreement also provides that if the appellee fails to make rental payment within thirty (30) days of the beginning of a year, such failure shall be considered a material breach of the agreement and the appellant shall have the right to oust and or evict the appellee from the leased property. Read more →
Fahnma Shopping Complex VS J. Fallah Business Center (07/05/2023)
This is an appeal from a final ruling in a declaratory judgment in the court below. When the case was called for hearing, one of counsels who appeared for the appellee, J. Fallah Business Center, made an application on the Court’s record praying for a dismissal of the appeal on ground that the appellant Management of Fahnma Shopping Complex failed to perfect its appeal in keeping with Chapter 51.1 of the Civil Procedure Law, 1LCLR. The appellee’s counsel stated in his application that final judgment in the case was rendered by the Civil Law Court on June 4, 2021, and the appellant excepted thereto and announced an appeal therefrom; that the appellant filed its bill of exceptions on June 15, 2021, a day outside the mandatory ten-day period for the filing of the bill of exceptions; that the notice of completion of appeal was filed on June 17, 2021; that based upon the late filing of the bill of exceptions, the appellee filed a motion to dismiss the appeal in the court below but the trial judge denied the motion, ruling that the appellant had already filed its notice of completion of appeal, thereby divesting the court of jurisdiction to act on the motion. Appellee counsel therefore prayed this Court to dismiss the appellant’s appeal for its failure to file a bill of exceptions within the time required by the appeal statute. Read more →
Kortu Carmmo II et al vs. The Intestate of Alhaji Musa Turay et al (05/19/2023)
The present appeal emanates from a Ruling of our Distinguished Colleague, Mr. Justice Yussif D. Kaba, while presiding in Chambers during the October Term 2021, following a hearing on a petition for the writ of certiorari filed by the appellee herein, the Intestate Estate of Alhaji Musa Turay against the 1st and 2nd appellants, Madam Kortu Carmmo and the Intestate Estate of Mobutu Vlah Nyepan, respectively. The records show that on May 30, 2019, the 1st appellant, Madam Kortu Carmmo filed an action of summary proceedings to recover possession of real property in the Sixth Judicial Circuit, Civil Law Court, Montserrado County. The appellee, the Intestate Estate of Alhaji Musa Turay filed its answer averring therein that title being in dispute, the action of summary proceedings to recover possession of real property could not lie, and Read more →
Intestate Estate of Zoe-Gar v. Intestate Estate of Francis R.T. Gardiner (05/19/2023)
This case presents a legal issue that has been settled by this Court in several Opinions. We are therefore left to wonder why a long standing member of this Honorable Supreme Court Bar would elect to waste the Court’s time by raising the same issue on appeal. This speaks to the fact that despite many pleas from this Court requiring that lawyers acquaint themselves with Opinions of this Court, they have deliberately chosen not to be au courant with the Court’s Opinions, or it is a scheme by lawyers to bring up settled issues before this Court on appeal as a means to deliberately delay and baffle the settlement of proceedings in the court below. The Code of Moral and Professional Ethics of lawyers provides in Rule 31 that a lawyer’s appearance in court should be deemed equivalent to an assertion on his honor that in his opinion his client’s case is one proper for judicial determination. Read more →
Paye Flomo, James Flomo and Oliver Flomo vs. His Hon. Roland F. Dahn, and Zawolo Gbonblee and Chester Gbonblee (05/19/2023)
The facts gathered from the certified records before this court revealed that an action of Summary Proceeding to Recover Possession of Real Property was filed by the Intestate Estate of Johnny Gbonblee by and through, its administrators Zarwolo Gbonblee et al., Respondent herein, against Paye Flomo, James Flomo and Oliver Flomo, both of Sokopa, Nimba County, Informants herein, on August 26, 2011, at the 8th Judicial Circuit Court, Nimba County. The record revealed that pleading rested and trial commenced on October 7, 2011. The Respondent paraded three witnesses, who essentially testified to its title deed, supporting documents and possession of the contested property; The Respondent thereafter rested with the production of oral evidence and the instruments testified to were marked by the court, confirmed and admitted into evidence to form an integral part of the case. Read more →
Emmet Hoff et al v. Republic of Liberia Final (05/19/2023)
On May 26, 2018, the Grand Jurors of Montserrado County presented an indictment against the appellants, Emmett Hoff, John E. Tarpeh, Solomon Gibson, Edward Gibson, Emmanuel Gibson, Mandingo Papay, Josephus Hoff, Winston Kennedy, Mark Dermah, Emmanuel Teddy Gbah for the commission of the crimes of murder and criminal conspiracy to commit murder. The indictment alleges that during the morning hour of 9:45 a.m. to 10 a.m. on March 19, 2018, in the area of the Building for Tomorrow Community, Johnsonville Township, the deceased, Alexander Slocum, along with Samuel Benson visited a parcel of land which he, Samuel Benson intended to purchase from the deceased Alexander Slocum; that the co-defendant Emmett Hoff, having received information Read more →
LPRC v. Elizabeth Matu Tubman (05/19/2023)
On June 28, 2018, the Appellee, Mrs. Elizabeth Matu Tuman-White, filed a complaint with the Ministry of Labor alleging, among other things, that she was employed with the Liberia Petroleum Refining Company, appellant, on September 15, 2009, as the director of finance; that she was later promoted to the position of financial comptroller by the Board of Directors through its Secretary Mr. T. Nelson Williams; that as the financial comptroller, she earned a monthly salary of US$6,537.00; that she obtained a vehicle through the management car loan policy that she is paying against by monthly salary deduction; that on January 24, 2018, about one year before her retirement, the administrative manager of the appellant informed her, via telephone, of her dismissal based on a directive of the Ministry of State for Presidential Affairs; and that her verbal termination and the seizure of her vehicle amount to wrongful dismissal/unfair labor practice. Read more →
Liberia Sheng Xin De Yuan v. Mr. John P. Saah Re-argument (05/19/2023)
Rule IX of the Revised Rules of the Supreme Court provides in part that “for good cause shown to the Court by petition, a re-argument of a cause may be allowed only once when some palpable substantial mistake is made by inadvertently overlooking some fact, or point of law.” This petition for re-argument grows out of this Court’s decision delivered on December 15, 2022 during its October Term on a motion to dismiss appeal filed by the respondent herein, Mr. John P. Saah, against an appeal taken by Liberia Sheng Xin De Yuan Mining Company, petitioner herein, from a final ruling of the 16th Judicial Circuit for Gbapolu County in an action of damages for wrong. In that Opinion, this Court found that the petitioner herein, filed its bill of exceptions on May 11, 2022 outside the statutory period of ten days which rendered its appeal dismissed. We quote succinct parts of that Opinion as follows: Read more →
Kollie Buway v. RL II final (05/19/2023)
The Supreme Court is called upon to again make final determination of an appeal involving the crime of rape, emanating from the final ruling of the 1st Judicial Circuit, Criminal Assizes “E”, which adjudged the appellant herein, Kollie Buway guilty of the crime of rape. The records indicate that at the time the crime was committed, the appellant and private prosecutrix were 57 and 12 years old, respectively. The certified records show that on March 4, 2009, a writ of arrest was issued out of the Paynesville Magisterial Court against the appellant, charging him with the commission of the crime of rape; thereafter, the appellant was indicted by the grand jury for Montserrado County on the single charge of rape and forwarded to the 1st Judicial Circuit, Criminal Assizes “E” for prosecution. We quote below the indictment, to Read more →
MAMBA POINT HOTEL Vs. JANNEH DEE (05/19/2023)
On May 20, 2016, the appellee, Janneh Dee, filed an action of damages for wrong against the Appellant Management of Mamba Point Hotel before the Civil Law Court, Sixth Judicial Circuit, Montserrado County, substantially alleging that she was injured as the result of the appellant’s negligence. In her complaint, the appellee stated that she was employed by the appellant as a waitress and served the appellant with commitment, sincerity and dedication for several years until she sustained a severe spinal injury at the instance of the appellant. Appellee alleged that on December 4, 2014, while on duty as a waitress serving customers upstairs at the appellant’s business premises in Monrovia, Montserrado County, she felt the urge to use the bathroom and proceeded downstairs to the staff bathroom; that after using the bathroom, she began to make her way back upstairs to her work station, and while on the stairways from the bathroom she slipped on the wet floor tiles, and fell down with her back to the floor; that pursuant to the fall, she began to feel severe pain in her waist and other parts of her body and she Read more →
Boyce v. Boyce(05/19/2023)
MR. JUSTICE KABA DELIVERED THE OPINION OF THE COURT On April 19, 2021, Mr. L. Olando Boyce, appellee herein, filed before the Sixth Judicial Circuit for Montserrado County a nineteen-count petition for custody of his three minor children against his divorced wife, Mrs. Weemon J. Cole-Boyce, appellant. The petition alleged, inter alia, that during the life of their marriage, they were blessed with four children: L. Olandor Boyce, II (19), Mathias O. Boyce (14), Treasure O. Boyce (9) and Milton O. J. Boyce (6); that on August 16, 2019, the said circuit court declared their marriage dissolved, annulled and cancelled on ground of incompatibility of temper without a contest after the parties agreed to a divorce settlement agreement executed on July 26, 2019; that the divorce settlement agreement (DSA) provides that the parties will have legal custody of the children, however, by virtue of being the custodial parent of the children, the appellant will have the right to remain in and enjoy the privilege of staying in the marital home; that said privilege shall cease or terminate when (a) all of the children have attained Read more →
INTESTATE ESTATE OF EDMUND CISCO V. MOUNT SANAI (05/19/2023)
The facts as the certified records reveal are that the late Edmond D. Cisco purchased a half (1/2) lot of land lying and situated in Larkpazee community, Sinkor, Monrovia from Africanus L.M. Mapleh in 1974. Edmond D. Cisco died intestate and upon his death, one of the six children born out of his body, Joshua Cisco, obtained Letters of Administration from the Monthly and Probate Court for Montserrado County authorizing him to administer the intestate of his late father. The said letters of administration was issued to Joshua Cisco on September 13, 2017. Based on the authority conferred on him as administrator of the intestate estate of Edmond D. Cisco, Joshua Cisco obtained Court’s Decree of Sale and thereafter conveyed the half (1/2) lot of land acquired by the late Edmond D. Cisco in 1974 to the appellee herein, Mount Sanai Tabernacle. This conveyance was made on August 14, 2018, and an Administrator’s Deed issued as evidence thereof. Read more →
JAMES KESSELEY Vs. RL(05/19/2023)
On November 30, 2012, the grand jury of Montserrado County sitting in its November Term A.D. 2012 indicted James Kesselly, the appellant herein, for the crime of murder. The indictment alleged that on the 4th day of November, A.D. 2012, in the Rocksprings Valley Community, City of Monrovia, Montserrado County, Republic of Liberia, the appellant with criminal mind and wicked intent, purposely, knowingly, willfully, recklessly and criminally committed the crime of murder; that the appellant was the boyfriend of the victim, Marwoi James, also of the City of Monrovia, Montserrado County, Liberia. The indictment alleged that while the victim and the appellant were in bed, the appellant stabbed the victim across her breasts and she sustained a deep cut across her left breast about five centimeters long, allegedly by a sharp knife; that the victim began to bleed profusely and was rushed to the JFK Medical Center where she was pronounced dead by medical practitioners at Read more →
NAJIB KAMAND VS. DING SHU JUN(04/19/2023)
This Court en banc has been called upon to review the decision of our distinguished colleague, Madam Justice Jamesetta Howard-Wolokolie, when she presided in Chambers during the March A.D. 2022 Term of this Court. The records of this case show that on December 17, 2020, Ms. Ding Shu Jun, also referred to as “Nancy Chinese Lady”, the appellee herein, filed an action of debt by attachment in the Debt Court of Montserrado County, against Mr. Najib Kamand (Labanese Businessman), the appellant herein, also of the City of Monrovia, Montserrado County, Liberia. The appellee alleged that she loaned the appellant the total amount of Nine Hundred Thousand United States Dollars (US$900,000.00) in two tranches of Six Hundred Thousand United States Dollars (US$600,000.00) and Three Hundred Thousand United States Dollars (US$300,000.00) respectively, on different dates and times, for the purpose of aiding the appellant in improving his business which, according Read more →
DAVID GOTOBA V. LBDI MOTION TO DISMISS APPEAL (04/12/2023)
It is a settled principle in this jurisdiction that only strict compliance with the appeal statute confers jurisdiction on the Supreme Court of Liberia to entertain and delve into the merits of a matter certified for an appellate review. Further, a failure to comply with any of the mandatory jurisdictional steps outlined under Civil Procedure Law Revise Code:1: 51.4 is a ground for dismissing an appeal. Catakaw et al v. Karweh, Supreme Court Opinion, March Term, A.D. 2010, Sheriff v. Parwon et al, Supreme Court Opinion, March Term, A.D. 2015, Mr. Jaimanie F. Tyler v. Mr. Lincoln Davis, Supreme Court Opinion, October Term, A.D. 2019, Intestate Estate of T. Q. Harris v. Alex Mulbah et al, Supreme Court Opinion, October Term, A.D. 2019, Esther Yeanay Barkpei v. Joseph L. Tompoe, Supreme Court Opinion, March Term, A.D. 2020, Trosteen MoKollie v. The Management of Lonestar Cell/MTN, Supreme Court Opinion, October Term, A.D. 2021. Read more →
THE INTESTATE ESTATE OF AB MARS V. ALEXANDER FREEMAN (04/12/2023)
This motion to dismiss presents a single issue for our determination viz.: whether or not an appeal is dismissible for failure of the appellant to transcribe the records to this Court. The Supreme Court has opined in numerous of its Opinions that where a motion to dismiss an appeal is presented for determination, the Supreme Court is estopped from entering upon the records to make any determination of the substantive issues on appeal; that even in instances where the Court elects to consolidate the motion to dismiss the appeal with the main appeal, the Court must first determine the justifiability of the contention(s) presented in the motion; except the Court determines that the contentions are not tenable for the dismissible of the appeal, it cannot proceed to make determination of the appeal on Read more →
NYONBLEE KARNGA-LAWRENCE ET. AL. VS. MUSA HASSAN BILITY ET. AL (04/12/2023)
This appeal emanates from the ruling of our astute colleague, His Honor Yussif D. Kaba, when he served as Chambers Justice during the October A.D. 2022 Term of this Court. Mr. Justice Kaba delivered an exhaustive ruling in favor of the Petitioners for the Writ of Certiorari, Mr. Musa Hassan Bility, Martin F. Kollah, et al of the Liberty Party, appellees herein, against the National Elections Commission (NEC), Senator Nyonblee Karnga-Lawrence, Emmanuel Azango et al, appellants herein, which this Court en banc has been Read more →
IN RE THE REQUEST FOR PARDON OF CLINTON BROWN ET AL (04/12/2023)
On December 15, 2022, this Court adjudged the petitioners herein, Clinton Brown, Daniel S. Tubman, Joseph Kollie, Robert Sulu, Varney Sirleaf, and Miller Bondo, guilty of criminal contempt of the Judiciary Branch of Government for acts that impugned its dignity and integrity and undermine the smooth administration of justice in three Magisterial Courts in Read more →
IN RE THE CONSTITUTIONALITY OF THE NATIONAL ELECTIONS COMMISSION PLANNED CONDUCT OF THE VOTERS (04/12/2023)
According to legal scholars of constitutional law, “the constitution represents the Supreme written will of the people regarding the framework for their Government. Where a constitution asserts a certain right, or lays down a certain principle of law or procedure, it speaks for the entire people as their supreme law, and it is the paramount authority for all that is done in pursuance of its provisions. The constitution embodies fundamental values and articulates the Read more →
FEDRICK KROMAH VS BEA MOUNTAIN (01/26/2023)
This appeal emanates from a final ruling of the National Labor Court on a petition for judicial review, reversing the decision of the hearing officer of the Ministry of Labor, which held the appellee Messrs. Bea Mountain Mining Company liable for wrongful dismissal of the appellants, Mr. Fredrick Kromah and eighteen (18) other workers. Read more →
SOPHRONIA RICHARD-TOWNSEND V. ESTATE OF MOMO MBOLO (01/26/2023)
On March 8, 2011, the appellee/plaintiff, the Intestate estate of Momo Mbolon, thru its administrators, Momo Saryon, Boakai Z. Saryon, Gogo Z. Saryon, and Abraham Kromah, filed before the Sixth Judicial Circuit, Civil Law Court for Montserrado County, an action of ejectment against the appellant/defendant, Sophronia Richard-Townsend Read more →
VARNEY ARTHUR YENGBEH, JR. V. SANDO KIAZOLU ET AL (01/26/2023)
Our Distinguished Colleague, former Associate Justice Philip A. Z. Banks, III, whose chambers ruling is now on appeal, re-accentuated the diligence and tact our courts must demonstrate in cases that result into the possibility of loss of human life and real property as follows: Read more →
LACC REVISED (01/26/2023)
The genesis of this case is traced to the date of August 21, 2008, when the Legislature, pursuant to its authority enumerated in Articles 34(l) and 89 of the Constitution (1986), passed into law, “An Act to Establish the Liberian Anti- Corruption Commission. The purpose of this Act in a nutshell, was to create the Liberia Anti-Corruption Commission (LACC) with the power to investigate corruption and prosecute same in conjunction with the Ministry of Justice. According to Section 6.1 of this law, the LACC was to be composed Read more →
FIRESTONE VS HIS HONOR PHILIP G. WILLIAMS (01/25/2023)
This case is before us on appeal from a ruling made by the Judge of the National Labor Court, H e r H o n o r C o m f o r t S. Natt, confirming the ruling of the Hearing Officer from the Ministry of Labor in favor of the appellees in an unfair labor practice action. Read more →
JOSEPH FEAHN V. HER HONOR MARDEA T. CHENOWETH ET AL (01/25/2023)
This appeal grows out of a consolidated final ruling of the 13th Judicial Circuit Court for Margibi County rendered on October 26, 2015 denying a motion for relief from judgment filed by the appellant, Joseph S. Feahn and granting a bill of information filed by the appellee, Emmanuel I. Shaw, II. Read more →
FAITH MISSION INTERNATIONAL V. INTESTATE ESTATE JAMES B. MARSHALL (01/25/2023)
On September 24, 2011, the Intestate Estate of James B. Marshall, appellee herein, instituted an action of ejectment against the Faith Mission International Church, appellant herein, for a piece of land lying and situated in Gardnersville, Montserrado County. The appellee alleged in its complaint that it initially filed an action of summary proceeding to recover possession of real property Read more →
INTESTATE ESTATE OF MUSA KAMARA V. EVA MAPPY MORGAN (01/25/2023)
“Bill of Information is a special proceeding in the form of a complaint before a court where a matter is pending, or before a court which had earlier adjudicated a cause, invariably informing the court of a failure to do what it had ordered to be done; or of something which ought to be done or undone for one who is a party; or for one who was Read more →
MUTUAL BENEFIT V. BEA MOUNTAIN (01/25/2023)
This appeal comes before the full bench of the Honorable Supreme Court of Liberia from the ruling of the Chambers Justice, our esteemed colleague, Madam Justice Sie-A-Nyene G. Yuoh, now Chief Justice of the Supreme Court of Liberia, had on July 27, 2022, when she ruled and denied a petition for a writ of prohibition filed on June Read more →
