Author: Flomo Wolobah
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
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
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
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
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
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,
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.
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
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
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