Monthly Archive: April 2023

NAJIB KAMAND VS. DING SHU JUN(04/19/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

19 Apr, 2023

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

JUDICIARY GETS MORE FEMALE JUDGES AS CHIEF JUSTICE YUOH TELLS NEWLY- COMMISSIONED JUDGES TO “UPHOLD & SUPPORT THE CONSTITUTION OF LIBERIA 0

press Release / Special Master Report

13 Apr, 2023

JUDICIARY GETS MORE FEMALE JUDGES AS CHIEF JUSTICE YUOH TELLS NEWLY- COMMISSIONED JUDGES TO “UPHOLD & SUPPORT THE CONSTITUTION OF LIBERIA

The ascendency of women to high offices in Liberia is a leap forward for the equal rights of women to participate in politics and to hold public office.
Noting that women constitute approximately 49.7 % of the country’s total population, it is crucial that women participate and be represented in all spheres of the public and private sectors in Liberia, to ensure adequate protection of the rights of women.
Pursuant to the above-mentioned, the President of the Republic of Liberia, through a communication, designated the Chief Justice of Liberia Her Honor Sie-A-Nyene G. Yuoh to perform the commissioning ceremony of the appointed female judges along with a male Judge.

DAVID GOTOBA V. LBDI MOTION TO DISMISS APPEAL (04/12/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

12 Apr, 2023

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.

THE INTESTATE ESTATE OF AB MARS V. ALEXANDER FREEMAN (04/12/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

12 Apr, 2023

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

NYONBLEE KARNGA-LAWRENCE ET. AL. VS. MUSA HASSAN BILITY ET. AL (04/12/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

12 Apr, 2023

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

IN RE THE CONSTITUTIONALITY OF THE NATIONAL ELECTIONS COMMISSION PLANNED CONDUCT OF THE VOTERS (04/12/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

12 Apr, 2023

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

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