2024 SUPREME COURT OF LIBERIA DECISION
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The Unconstitutionality of Several Actions taken by Certain Members of the House of Representatives (12/06/2024)
Mr. Justice Tubman speaking for the Supreme Court in the case Fazzah v. The National Economy Committee, 8LLR, 84,85 (1943) opined that every so often: "...there arises some litigation in the course of judicial proceedings like a mighty billow raising itself to a magnificent height as out of the sea, arousing public excitement, curiosity, anxiety), and interest. The civilians, as seashore visitors and dwellers, look on, some with fear, others with satisfaction, and yet others with amazement and trembling; out these legal billows seem, as it were, to dash themselves upon the shore as do the ocean billows and recede into Read more →
GLORIA MUSU SCOTT ET AL v. REPUBLIC OF LIBERIA (08/28/2024)
The appellants, Gloria Musu Scott et al. were indicted, tried, and subsequently found guilty by a jury, and the verdict therefrom confirmed by the presiding judge of the First Judicial Circuit, Criminal Assizes "A," for the crimes of murder, criminal conspiracy, and false reports to law enforcement officials. The certified records show that on the night of February 22, 2023, in the residence of Co-appellant Gloria Musu Scott, it was alleged that Charloe Musu was brutally attacked by an unknown assailant(s) who, with a depraved heart and an extreme indifference to human life, maliciously, viciously, and without the fear of Read more →
Intestate Estate of Abraham Jalloh v. CHICO (08/28/2024)
This appeal presents a question of whether the Sixth Judicial Circuit, Civil Law Court, has subject matter jurisdiction over an action of wrongful death, where the said death resulted from occupational injury; and, the applicable laws viz.: the “Decent Work Act” vis-a-vis the “Private Wrongs Law”. The records show that on August 17, 2022, the appellee herein, CHICO Company, filed a petition for the writ of prohibition before Madam Justice Jamesetta H. Wolokolie, the Associate Justice presiding in the Chambers of the Supreme Court for the March Term, A. D. 2022. Following a conference with the parties, the Justice ordered Read more →
Faud Nyei and Siafa Fahnbulleh v. Intestate Estate of Varfee Siryon, Sr., et al. (08/28/2024)
The instant appeal emanates from an ejectment action filed on July 30, 2020, before the Sixth Judicial Circuit, Civil Law Court, Montserrado County by the appellee, the Intestate Estate of Varfee Siryon, Sr. and Lutecia T. Siryon by and thru its administrators Varfee A. Siryon against the appellants Faud Nyei and Siaffa Fahnbulleh. The allegations contained in the complaint essentially state that the Intestate Estate of Varfee Siryon, Sr. is the owner of two (2) acres of land lying and situated in Logan Town, Bushrod Island, Montserrado County, purchased in 1961 from Kay Jorh; that the appellants without any color Read more →
Accessbank v. Wael Gharzeddine (08/28/2024)
The Supreme Court is called upon by the appellant, Accessbank (Liberia) Limited, to reverse the final ruling of the Commercial Court presided over by Associate Judge, His Honor Othello S. Payman, I, entered upon the records on February 28, 2023, and in which he adjudged the appellant liable to pay the appellee, Wael Gharzeddine the following amounts: (a) Three Thousand Three Hundred Thirty United States Dollars and Twenty Four Cents (US$3,330.24) as special damages; (b) Five Hundred Thousand United States Dollars (US$500,000.00 as general damages; (c) One Hundred Thousand United States Dollars (US$100,000.00) as punitive damages, and; (d) 6% statutory Read more →
The Intestate Estate of Benjamin Franklin v. CICO et al (08/27/2024)
The genesis of this appeal is an action of ejectment instituted by the appellant herein, the Intestate Estate of Benjamin Franklin, against the co-appellee, CICO Company and the Residents and Occupants of Garyea Clan, Suakoko District, Bong County, the 2nd defendants in the trial court. The appellant’s seven (7) count complaint alleged inter alia that it is the bona fide owner of a parcel of land containing100 acres, situated in the territorial boundary of Garyea Clan, Suakoko District, Bong County, which was acquired through lawful purchase from the Republic of Liberia on the 16th day of October, 1948 by the Read more →
MDMC v. OTIS KYNE ET. AL (08/27/2024)
The instant action of ejectment is before us on appeal from a ruling rendered by the assigned trial judge of the Sixth Judicial Circuit, Civil Law Court, Montserrado County, His Honor Ousman F. Feika, during its December Term of Court A.D. 2022, where the contesting parties for a parcel of land traced their respective title instruments to the same grantor, the Intestate Estate of John Mack Bettie. The pertinent facts as culled from the records show that on May 9, 2019, the appellant Modern Development and Management Corporation (MDMC), plaintiff in the court below, filed a twelve-count action of ejectment Read more →
OXFAM Liberia v. Frederick David (08/27/2024)
The appellee, Frederick G. David, was dismissed by his employer, OXFAM Liberia, the appellant herein, for what it termed “gross misconduct”. Predicated on his dismissal, the appellee filed a formal complaint with the Ministry of Labor against the appellant for unfair labor practice. The hearing officer at the Ministry of Labor conducted a formal investigation on the basis of the complaint, and thereafter ruled against the appellant, holding the latter liable for unfair labor practice, and ordered the reinstatement of the appellee with all his remunerations restored, or in lieu thereof, pay him an aggregate of his monthly salary for Read more →
NOBLE OIL vs. ZAFEER PETROLEUM (06/14/2024)
Our esteemed colleague, Justice Wolokolie, presiding in Chambers during the March Term of Court, A.D. 2022 delivered a ruling denying a petition for a writ of prohibition out of which this appeal grows. The appellant has asked us, the Court en banc, to review and reverse the said ruling as it fails to conform to our laws in this jurisdiction Read more →
Levee Moulton v. Judge Dunbar (06/14/2024)
The appellants, Frederica Free-Moulton, presumptive widow, and Michael D. Moulton, son of the late Joseph Karbar Levee Moulton, through their Attorneys-in-Fact, Louise C. Ngangana and Mansfield Wrotto, filed a petition for letters of administration to administer the Intestate Estate of Joseph Karbar Levee Moulton, who died on October 15, 2020, in the United States of America. On March 30, 2021, the Monthly and Probate Court for Montserrado County heard the petition and issued letters of administration Read more →
JESSE HARRIS AND MELVIN HARRIS ET AL. vs. MARY TURNING (06/14/2024)
This case is before us on appeal from a ruling rendered by the Sixth Judicial Circuit, Civil Law Court, Montserrado County, against the appellants Jessie Harris and Melvin Harris et al. The appellants have challenged the lower court’s ruling, averring that the verdict of the jury was contrary to the weight of the evidence adduced at trial and that the judge erred in his instructions to the jury. The appellants have now petitioned this Court to reverse the said ruling and enter the ruling that ought to have been rendered by the court below Read more →
SUSAN F. COOPER & HENRY ERIC COOPER vs. MONIQUE C. COOPER (05/23/2024)
The present motion to dismiss appeal emanates from a final ruling rendered on May 16, 2023, by Judge Necular Y. Edwards of the Monthly and Probate Court for Montserrado County, wherein he declared the Intestate Estate of Henry Ford Cooper closed and the properties apportioned among the beneficiaries. The movant herein, Cllr. John Wleh Togba, the Attorney-in-Fact for Susan F. Cooper and Henry Eric Cooper, Co-Administrators Cum Testamento Annexo of the Intestate Estate of Henry Ford Cooper, alleged that the respondent herein, Monique C. Cooper, also one of the Co-Administrators Cum Testamento Annexo of the Intestate Estate of Henry Ford Read more →
Praise O. Tony Lawal vs. Intestate Estate of James A. Gittens (05/23/2024)
This motion to dismiss is before this Court from a ruling made by the Sixth Judicial Circuit Court, Montserrado County on August 17, 2022, in a Bill in Equity for the cancellation of land deed proceedings case in which the trial judge ruled against the Intestate Estate of James A. Gittens, respondents herein. The facts as alleged by the movant are that the Intestate Estate of James A. Gittens, represented by its Administrators and Administratrix A. Lorenzo Gittens, Jr., and A. Rudolph Gittens filed a petition for a Bill in Equity for the cancellation of land deed against one Praise Read more →
MONCO Lib. Ltd. vs. GLOBAL BANK Lib. Ltd. (05/23/2024)
This motion to dismiss grows out of a final ruling rendered by the Sixth Judicial Circuit, Civil Law Court, Montserrado County on September 1, 2023, in which the respondent/appellant was adjudged liable to the movant in the amount of Two Million Five Hundred Thousand United States Dollars (US$2,500,000.00) in an action of damages suit filed by the movant against the respondent. The movant/appellee herein request this Court to dismiss the appeal on grounds that the respondent/appellant appeal bond is inconsistent with statute as it is insufficient to indemnify the movant/appellee thereby rendering this appeal dismissible as a matter of law Read more →
Lucia Derrick & James K. Wolovah vs. Global Pharm Medical Center (05/23/2024)
In this motion to dismiss, Miss Lucia Derrick and James K. Wolovah, movants herein have prayed this Court to dismiss the respondent’s appeal on grounds that the said appeal violates the appeal statute. We take recourse to the records to make a just determination based on the facts and circumstances herein. The movants in their motion alleged that they were plaintiffs in a medical malpractice action before the Sixth Judicial Circuit, Civil Law Court, Montserrado County and that the said court rendered final judgment in their favor on September 19, 2023, and the said judgment was Read more →
Hon. Atty. Garrison Doldeh Yealue, Jr., Hon. Andrew Peters, Edwina Crump Zackpah, and Hon. Reginald Kpan Nagbe, vs. The Executive Branch of Government of the Republic of Liberia (04/24/2024)
On February 22, 26, and 27, 2024, respectively, petitioners Atty./Hon. Garrison Doldeh Yealue Jr. of the Governance Commission, Hon. Andrew Peters of the National Identification Registry, Hon. Edwina Crump Zackpah et. al of the Liberia Telecommunications Authority and Hon. Reginald Nagbe, of the Liberia National Lottery Authority, filed separate petitions praying for the writ of prohibition to be issued against the Executive Branch of Government, the respondent herein. We note that although the Executive Branch of Government is the principal respondent, however, in the case of the petition filed by Edwina Crump Zackpah, et. al of the Liberia Telecommunications Authority, they named Read more →
Sky Insurance Company vs. His Honor Yamie Quiqui Gbeisay and the Republic of Liberia (02/07/2024)
This appeal emanates from a ruling entered by our esteemed colleague then assigned Circuit Judge of Criminal Court “C”, His Honor Yamie Quiqui Gbeisay, Sr., on a petition for summary proceeding filed by appellant herein against Stipendiary Magistrate Ernest P.F. Bana of the Brewerville Magisterial Court. The genesis of this case, as revealed by the certified records before this Court, shows that on July 22, 2019, Becca Mulbah was charged by the Brewerville Magisterial Court with the commission of the Crimes of Burglary and Theft of Property valued at Forty-Seven Thousand, Three Hundred Fifteen United States (US$47,315.00) Dollars base on a complaint filed by Theophilus Kiadii by and through Republic of Liberia. Upon her arrest and arraignment for Read more →
The Management of Omega Insurance vs. Otis Gbala (02/07/2024)
On July 27, 2018, the appellee, Mr. Otis S. Gbala, filed a complaint of Wrongful Dismissal with the Ministry of Labor alleging, among other things, that he was employed with the appellant, OMEGA Insurance Company on September 2, 2013 as IT Technician; that he served appellant with dedication and commitment with no record of warning or suspension and received awards, bonuses, promotion and salary increment for excellent performance in the capacity as IT Technician; that despite his proven commitment to appellant, Mr. Gajay Ananaba, Chief Operations Officer of appellant, constantly subjected him to harassment and intimidation that led to his dismissal; that on April 24, 2018, appellant complained him to the Liberia National Police Intelligence Unit for what Read more →
Johnny Hill, Jr. vs. The Republic of Liberia (02/07/2024)
The Revised Rules of the Supreme Court Rule IV Part 6 (c) provides in part that “If a party appears, and the other party does not appear, but filed a brief, the Court will proceed to hear the argument of the party appearing, and renders its decision on the basis of the briefs filed and the argument of the party appearing…”. When this case was called for hearing, the appellee’s counsel announced representation and the Court notes that the appellant was not represented by counsel. Upon inquiry, the Marshall informed the Court that his office served the notice of assignment on the appellant himself. When the Court enquired of the appellant, he informed the Court that his previous lawyer Read more →
Madam Siah Tandapolie and Doris Dalieh of the City of Monrovia vs. National Elections Commission (02/07/2024)
These appeals emanate from the final rulings of the Board of Commissioners (BOC) of the National Elections Commission (NEC) in two cases, wherein (a) the Board affirmed in the one case, Madam Siah Tandapolie and Doris Dalieh v. National Elections Commission, the Ruling of the Hearing Officers, and (b) the Board affirmed in the other case, National Elections Commission v. Amos Siebo Jr., the Ruling of the Hearing Officers, thus dismissing the complaints in both cases. The records certified to this Court show that in the first of these consolidated cases, i.e. Madam Siah Tandapolie and Doris Dalieh v. National Elections Commission, the Appellants, Madams Siah Tandapolie and Doris Dalieh, Independent Aspirants at the time for the seat in the House of Representatives for District 11, Montserrado County, filed, on July 6, 2023, a complaint before the National Elections Commission challenging the legality and constitutionality of the NEC 2023 Regulations and Procedures Relating to Political Parties, Coalitions, Alliances, and Read more →
Seluminee Bloyougar et. al. vs. The Intestate Estate of Kollie (02/07/2024)
The instant appeal grows out of an action of ejectment filed before the Sixth Judicial Circuit, Civil Law Court, Montserrado County, by the appellee, the Intestate Estate of Edwin Kollie by and thru its administrator, David K. Kollie, against Madam Seluminee Bloyougar et al., the appellants herein, in which the said appellee alleged that it is the owner of one (1) lot of land lying and situated in the Samuel Kanyon Doe Boulevard Community, Paynesville, Montserrado County; that the defendant without any color of title or right illegally and intentionally encroached on a portion of its premises against the will and consent of the administrator of the estate; that all efforts exerted by the appellee to have the appellants vacate the subject premises proved futile. Hence, the appellee prayed the trial court to have the appellants evicted from its property and to award damages in the amount of Fifty Thousand United States Dollars (US$50,000.00) for the appellants’ illegal occupation and wrongful Read more →
Morris Kiazolu et al. v. Republic of Liberia (02/07/2024)
The records certified to this Court show that this appeal emanates from the First Judicial Circuit, Criminal Assizes “A” when the Grand Jury for Montserrado County presented an indictment charging the appellants, defendants in the court below, with the commission of the crimes of criminal conveyance of land and criminal conspiracy. In commencing our review of the merits of this appeal, we take judicial notice of historical facts, recalling the alarming rate of disputes involving real property that not only flooded the dockets of courts of this Republic, but also incited the increase in other violent crimes in society as a result of land dispute. The Legislature taking cognizance that land-based disputes throughout Liberia, particularly in urban areas, had escalated to a crisis point thereby making it difficult for institutions and courts established to deal with civil issues to adequately resolve these disputes as civil matters; and further noting that the illegal conveyance of real property had the propensity to undermine the peace, Read more →
Joseph Yuones and WACCO vs. His Honor James E. Jones, Judge Debt and Houssini (02/07/2024)
This Court has been called upon to review and reverse the ruling of former Associate Justice, Philip A.Z. Banks III, then presiding in Chambers in an action of debt by attachment filed by Mohammed Housseini against WACCO by and thru its President Joseph H. Yuones and Joseph H. Younes and all authorized officers of the said corporation. The action was filed on July 13, 2015 before the Debt Court of Montserrado County. The Sheriff’s returns of July 28, 2015, on the writ of summons says that Joseph A. Yuones was not seen to be served and that the sheriff was told that he had travelled out of the country. The same returns was made August 11, 2015 to the effect that Mr. Joseph H. Younes was not seen to be served because he had travelled out of the country. The plaintiff made an application for resummons on July 30, 2015 and on July 31, 2015, the returns of the resummons also show that Mr. Joseph H. Yuones was not seen to be served. Read more →
Intestate Estate of Barzoe Tiapon vs. Intestate Estate of Marboe Tarr (02/07/2024)
This appeal emanates from the ruling of the Sixth Judicial Circuit, Civil Law Court, Montserrado County, on a motion to modify an arbitration award, filed by the present appellee, the Intestate Estate of Marboe Tarr and William C. Clarke by and thru its administratrix and administrators Tonia Carter Deableh, Arthur Utee Berrian and Varney D. Kerkula, against the present appellants, the Intestate Estate of Barzoe Tiapon, by and thru its administrators Nathan S. Karpo, Isaac K. Potter, and Joe Dixon, and the King Karnley Estate, in which final ruling, the trial Judge His Honor Scheaplor R. Dunbar ruled modifying the arbitration award as submitted by the board of arbitration and awarding all of the Six Hundred Twenty-Five (625) acres of land in contention to the appellee on the doctrine of superior title. The facts as culled from the certified records show that on April 14, 2010, the Intestate Estate of Marboe Tarr and William Clarke, appellee, by and thru its administratrix and Read more →
Arah Kamara of the City of Monrovia vs. Republic of Liberia, by and thru Golda Baker and Hester Baker (02/07/2024)
This appeal emanates from the March 28, 2014, ruling of the Resident Judge of the First Judicial Circuit Court, Criminal Assizes “C”, His Honor A. Blamo Dixon, on a criminal indictment for theft of property against the appellant, Arah Kamara. The records show that during the May Term of the First Judicial Circuit Court, 2010, the Grand Jury of Montserrado County indicted the appellant, defendant in the court below, for the crime of theft of property on complaint brought by and thru Mr. M. W. Goda Baker and Madam Hesta Baker, private prosecutor and prosecutrix, respectively, representing the Intestate Estate of Elizabeth Moore-Johnson. The indictment alleged principally that in 1977 and thereafter, the private prosecutor and prosecutrix acquired five hundred (500) acres of land out of a total of eight hundred (800) acres of land from their grandmother, Elizabeth Moore Johnson, in lower Virginia, Montserrado County, Liberia; that their grandmother hired the services of Arah Kamara, the Read more →
Madam Ruth Sawmadal vs. NEC and Mr. Steve Tequiah (01/17/2024)
This case came before this Court en banc for appellate review of the final ruling of the Board of Commissioners of the National Elections Commission (NEC), entered on December 23, 2023, dismissing the appellant’s appeal resulting from a complaint she filed before the Hearing Officer of NEC, praying for a total recount of votes cast from the Electoral District #2 of Rivercess County in the representative elections conducted on October 10, 2023 in Rivercess County, and affirmed the ruling of the Hearing Officer. A review of the records in this case shows that twelve (12) candidates participated in the October 10, 2023 representative election in Electoral Read more →
Juah S. Dennis vs. NEC and Mr. Thomas Goswell II (01/17/2024)
On October 17, 2023, the appellant herein, the Unity Party by and through its Secretary General, Mr. Thomas A. Nimely of the Grand Bassa Chapter, along with its Electoral District #5 representative candidate, Juah Dennis, filed with the Election Magistrate of Grand Bassa County a complaint of elections’ irregularities. The complaint substantially alleged that while voters were in the queue to cast their ballots at Polling Precinct #: 09013, the Presiding Officer (PO) ordered the poll closed by 6:00 pm, which deprived voters of their rights to vote. Additionally, there were lots of discrepancies on the Representative Record of the Counts during the tallying process at Polling Precinct#s 09007 and 09009. The appellant therefore requested that a re-run be ordered at Polling Precinct #: 09013-Zondo Town Public School and a re-count at Polling Precinct #s: 09007-LIBINC Old Palava Hut and 09009-Behn Town Palava Hut, in Electoral District #5, Grand Bassa County. The complaint is here under quoted verbatim Read more →
Nimely J. Donyen vs. Sekou S. Kanneh (01/12/2024)
This case comes before this Court en banc for appellate review from the final ruling of the Board of Commissioners of the National Elections Commission (NEC), entered on December 19, 2023, dismissing the appellant’s appeal, growing out of a complaint filed before the Hearing Officer of NEC, praying for a total recount of votes cast from the one hundred twenty-eight (128) polling places of the nineteen (19) voting precincts of Electoral District #2, Montserrado County, in the Presidential and Legislative Elections conducted in Montserrado County on October 10, 2023, and affirming the ruling of the Hearing Officer, Attorney S. Patterson Blamo. Read more →
