On November 3, 2017, the Supreme Court en banc heard a petition for a writ of prohibition filed by Charles Walker Brumskine, Harrison S. Karnwea, Presidential & Vice Presidential Candidates, all Representative Candidates of Liberty Party, and the Liberty Party.
Category: 2017 Decisions
In accordance with Article 83(a) of the Constitution of Liberia (1986) which mandates that “Voting for the President, Vice President, members of the Senate and members of the House of Representatives shall be conducted throughout the Republic of Liberia on the second Tuesday in October of each election year,” the National Elections Commission (NEC
Counsellors G. Moses Paegar and Albert Sims of Sherman and Sherman, Inc., in association with Counsellors Frank Musa Dean, Jr., of Dean and Associates, Cyril Jones of Jones and Jones Law Firm, and Emmanuel B. James of the International Group of Legal Advocates and Consultants, appeared for the appellants. Counsellor James Daku Mulbah, County Attorney for Montserrado County, Ministry of Justice, in association with Counsellors Theophilus C. Gould and Othello S. Payman, I, appeared for the appellee.
JUSTICE BANKS DELIVERED THE OPINION OF THE COURT
As part of its constitutional mandate specified in the 1986 Constitution, and pursuant to the statutory command stipulated in the Elections Law enacted by the Legislature, done on authority of and in compliance with Article 34() of the Constitution which mandated the Legislature to enact the Elections Law of Liberia for the governance and conduct of elections for public offices in Liberia, the National Elections Commission, movant/appellee herein, on July 2, 2017 commenced, as per prior notification, the nomination process for prospective candidates desirous of contesting the ensuing October 10, 2017 Presidential and General Elections. See Lib. Const. Art
This is a consolidated opinion in two election cases heard by this Court on August 23, 2017. The cases emanated from District #1 in Senjeh, Bomi County, Liberia. Even though the two cases were separately heard, this Court sua sponte, decided that they should be consolidated and one opinion be delivered in them instead of two separate opinions. Chapter 6, Section 6.3 of the Civil Procedure Law which vests in the courts the power to consolidate provides:
On February 27, 2014, the 14th Episcopal District of the African Methodist Episcopal Church, the appellee herein, by and thru its Bishop, Presiding Elders and Pastors, filed an action of ejectment before the Sixth Judicial Circuit Court, Montserrado County, sitting in its March Term, A. D. 2014, against Mr. Philip Rambo Sayon, et. al., the appellants herein. The appellee prayed the trial court to oust the appellants out of a property claimed to belong to the African Methodist Episcopal Church and which was allegedly being claimed and occupied by the Co-appellant, Philip Rambo Sayon, along with the other Co-appellants.
A writ of summons was issued out by His Honor J. Kennedy Peabody, Stipendiary Magistrate of the Monrovia City Court, Monserrado County, Temple of Justice, Monrovia, Liberia, against Milton and Richards, Inc. and all its tenants, appellees, occupying the building situated and lying on Carey Street, City of Monrovia, Montserrado County
On June 24, 2016, the Sixth Judicial Circuit Court, Montserrado County, sitting in its March Term A.D. 2016, rendered final judgment in favor of the movant/appellee, the Magna Diversified, Company and against the respondent/appellant, the Mandra Forestry Liberia, in an action of damages instituted by the movant/appellee. In its final judgment, the trial court ordered the respondent/appellant to pay the amount of US $2,000,000.00 (Two Million United States Dollars) as damages suffered by the movant/appellee. The respondent/appellant excepted thereto, announced an appeal and subsequently filed its bill of exceptions on July 2, 2016, which was approved by the trial judge.
When this case was called for hearing, Counsellor William A.N. Gbaintor of the Gbaintor Law Firm appeared for the informant. Counsellor George W. Sagbeh of the Sagbeh & Sagbeh Law Chambers appeared for the respondent.
When this case was called for hearing, Counsellor Denise S. Sokan of the Jones & Jones Law Firm appeared for the appellant. Counsellors James N. Kumeh and Samuel Pearson, In-House Legal Counsels of the Monrovia City Corporation, appeared for the appellee.
At the call of the case Counsel for appellant made the following submission: