Monthly Archive: July 2023

The Management of G N Bank vs. Mr. Morris Barsi-Giah (07/05/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

5 Jul, 2023

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

Saah James vs. Republic of Liberia (07/05/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

5 Jul, 2023

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:-

J J Warrabi vs. The heirs of the late Gabriel L. Dennis (07/05/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

5 Jul, 2023

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

SOLOMOM NGLKIA VS. JOSEPH MOMOH (07/05/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

5 Jul, 2023

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

Intestate Estate of Shad Kaydea v Varlee Trawally (07/05/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

5 Jul, 2023

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.

Fahnma Shopping Complex VS J. Fallah Business Center (07/05/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

5 Jul, 2023

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.

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