Category: Justice Gbeisay

The Unconstitutionality of Several Actions taken by Certain Members of the House of Representatives (12/06/2024) 0

2022 Opinions / 2024 Opinions / Justice Clinton Johnson / Justice Gbeisay / Justice Kaba / Justice Wolokollie / Justice Yuo / Recent Decisions

6 Dec, 2024

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

NOBLE OIL vs. ZAFEER PETROLEUM (06/14/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

14 Jun, 2024

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

JESSE HARRIS AND MELVIN HARRIS ET AL. vs. MARY TURNING (06/14/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

14 Jun, 2024

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

Praise O. Tony Lawal vs. Intestate Estate of James A. Gittens (05/23/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

23 May, 2024

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

MONCO Lib. Ltd. vs. GLOBAL BANK Lib. Ltd. (05/23/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

23 May, 2024

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

Lucia Derrick & James K. Wolovah vs. Global Pharm Medical Center (05/23/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

23 May, 2024

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

Joseph Yuones and WACCO vs. His Honor James E. Jones, Judge Debt and Houssini (02/07/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

7 Feb, 2024

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.

Arah Kamara of the City of Monrovia vs. Republic of Liberia, by and thru Golda Baker and Hester Baker (02/07/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

7 Feb, 2024

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

Madam Ruth Sawmadal vs. NEC and Mr. Steve Tequiah (01/17/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

17 Jan, 2024

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

Nimely J. Donyen vs. Sekou S. Kanneh (01/12/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

12 Jan, 2024

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.

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