Category: Justice Gbeisay

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.

Nathaniel Kevin vs. Her Honor Compfort S. Natt & Lone Star Cell MTN (12/19/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

19 Dec, 2023

Nathaniel Kevin vs. Her Honor Compfort S. Natt & Lone Star Cell MTN (12/19/2023)

The history of this case requires a careful consideration of the facts and circumstances to make an informed judicial decision. The appellant, Nathaniel Kevin was an employee of the appellee, Lone Star MTN, and he served as Regulatory Relations Senior Manager on a month-to-month basis, commencing from December 2012 with a monthly salary of US$8,390.00(Eight Thousand Three Hundred Ninety United States Dollars).
However, on January 16, 2015, the appellee declared his position redundant on account of economic reasons, citing Regulation No.8 of the Labour Practices Law, which gives an employer, as in this case, the power to declare redundant a position but shall pay the employee one month salary for each year of completed service.

Amos Clinton vs His Honor Joe S. Barkon (12/19/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

19 Dec, 2023

Amos Clinton vs His Honor Joe S. Barkon (12/19/2023)

This appeal emerges before the full bench of the Supreme Couret, praying this court to review and reverse the ruling of our distinguished learned Colleague, Mr. Justice Yussif D. Kaba; which ruling he denied the preemptory writ of mandamus prayed for by the appellants. To agree or disagree with the Chambers justice’s ruling, it is expedient to briefly state the synopsis of the facts culled from the certified records of this case from the court below.

Having rendered a default judgment against Amos Clinton and Rufus Wesley in an action of ejectment predicated on the sheriff’s returns which indicated that the appellants rejected or evaded the court’s precepts including writ of summons and several assignments, the appellants filed a motion in the court below praying the court to relieve them from judgmen

The Intestate Estate of Joseph N. Boley Vs. Oldman Gaye et. al. (12/07/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

7 Dec, 2023

The Intestate Estate of Joseph N. Boley Vs. Oldman Gaye et. al. (12/07/2023)

This motion to dismiss is before this Court from a ruling made by the Seventh Judicial Circuit Court, Grand Gedeh County on April 7, 2023, in a cancellation proceedings case in which the trial judge ruled against Oldman Gaye Gbarwo et al. respondents herein.

The facts as alleged are that the movant, the Intestate Estate of Joseph N. Boley, represented by its Administrator Mr. Thomas N. Boley et al. filed a petition for cancellation against one Oldman Gaye Gbarwo et al., respondents herein praying the court to cancel the respondents purported land sale deed made by the respondents in their own name alleging that the said deed was fake and

ISSAC B ROLAND VERSUS JOSRPH ALLISON AND AUSTIN B TAYLOR (11/28/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

28 Nov, 2023

ISSAC B ROLAND VERSUS JOSRPH ALLISON AND AUSTIN B TAYLOR (11/28/2023)

This case is before us on appeal taken from the Ruling of the Board of Commissioners (BOC) of the National Elections Commission (NEC) wherein the Board of Commissioners confirmed the Ruling of the Hearing Officer of the NEC dismissing the complaint filed before the NEC by the Appellant herein. In his complaint, filed on October 13, 2023 before the Electoral Magistrate for Maryland County, the appellant, a candidate fielded under the ticket of the Coalition for Democratic Change (CDC), raised a single act of irregularity by the NEC staff stationed at the polling centers, that is, that his poll watchers were asked out of six vote counting facilities, thus depriving them of access to the vote counting process at those centers and the right to participate in the process. He therefore requested that there be a recount at the six centers named in his complaint. For the benefit of this Opinion and the determination of the correctness or error allegedly made by the Board of Commissioners in confirming the Ruling of the Hearing Officer, we quote the appellant’s complaint in its entirety verbatim, as follows:

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