Category: Justice Kaba

Sky Insurance Company vs. His Honor Yamie Quiqui Gbeisay and the Republic of Liberia (02/07/2024) 0

2024 Opinions / Justice Kaba / Recent Decisions

7 Feb, 2024

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) 0

2024 Opinions / Justice Kaba / Recent Decisions

7 Feb, 2024

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) 0

2024 Opinions / Justice Kaba / Recent Decisions

7 Feb, 2024

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

Juah S. Dennis vs. NEC and Mr. Thomas Goswell II (01/17/2024) 0

2024 Opinions / Justice Kaba / Recent Decisions

17 Jan, 2024

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

THE CAMPAIGN TEAM OF MR. JULIUS K. KANOUBAH VS. HIS HONOR JOSEPH N. NAGBE & THE PRESS UNION OF LIBERIA (12/19/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

19 Dec, 2023

THE CAMPAIGN TEAM OF MR. JULIUS K. KANOUBAH VS. HIS HONOR JOSEPH N. NAGBE & THE PRESS UNION OF LIBERIA (12/19/2023)

This Bill of Information finds its genesis in an action of Declaratory Judgment and its accompanying petition for preliminary injunction filed before the trial court by the informant, the Campaign Team of Mr. Julius Kanubah of the Press Union of Liberia 2022 election by and thru Mr. Raymond Zarbay, et al. The gravamen of that declaratory judgment suit is that one of the respondents, the administration of the Press Union of Liberia headed by Atty. Ade Wede Kerkula committed various irregularities leading to the conduct of the Press Union of Liberia 2022 elections in violation of the Press Union of Liberia’s constitution. The informant, therefore, prayed that the trial court declare their rights and enjoin and restrain the respondent’s elections commission from further proceeding with the conduct of the elections until the determination of the action of declaratory judgment

Moivamba Fofana et al vs Alhaji Kalamo Fofana (12/19/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

19 Dec, 2023

Moivamba Fofana et al vs Alhaji Kalamo Fofana (12/19/2023)

On the 10th day of January, A.D. 2014, the appellee, Alhaji Kalamo Fofana, instituted an action of ejectment by and thru his attorney-in-fact, Mohammed Fofana, against the defendants, Moivamba Fofana, James Fofana, Emmanuel B. Nyenswa, the Management of Tohnlo Women & Youth Training Empowerment Program and Siemon Weah substantially alleging that the appellee is owner of one acre of land lying and situated at the City of Paynesward, now Paynesville, Montserrado County which he acquired through an honorable purchased on the 28th day of April, A.D. 1979 from Leona Lloyd; that in 1994, he entrusted his title deed to Moivamba Fofana, 1st appellant herein, who the appellee knew and aided while he (the 1st appellant) was in school and at the time of entrusting him with the deed, he was a custom officer of the Ministry of Finance assigned at the Freeport of Monrovia; that he (the appellee) later found out that the 1st appellant was constructing on the land and had sold portion to other defendants; that the appellee

CHURCH OF CHRIST OF LATTER DAY SAINT VS. INTESTATE ESTATE OF JOSEPH V. GAYE SR. (12/19/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

19 Dec, 2023

CHURCH OF CHRIST OF LATTER DAY SAINT VS. INTESTATE ESTATE OF JOSEPH V. GAYE SR. (12/19/2023)

On the 18th day of May 2020, the Intestate Estate of Joseph V. Gaye, Sr. by and thru its Administrators/Administratrix Stanton V. Gaye, Victoria D. Gaye, George Giah, and Sammie Peter Paul, appellee herein instituted an action of Ejectment against The Church of Jesus Christ of Latter-Day Saint
represented by its authorized representatives, defendant, in the Sixth Judicial Circuit, Civil Law Court for Montserrado County. The appellee withdrew and amended its complaint on June 5, 2020. The appellee alleged in its amended complaint, amongst other things, that the appellee is the

MR. QUANUQUANEI KARMUE VS NATIONAL ELECTIONS COMMISSION AND WOMBA (12/07/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

7 Dec, 2023

MR. QUANUQUANEI KARMUE VS NATIONAL ELECTIONS COMMISSION AND WOMBA (12/07/2023)

Once again, this Court has been called upon to decide an election controversy growing out of the October 10, 2023 Presidential and Legislative Elections, which this time originates from Electoral District #4, Upper Bong County. The appeal in this case is taken from the final ruling by the Board of Commissioners (BOC) of the National Elections Commission, which confirmed the ruling of the Hearing Officer, also of the National Elections Commission.

The records transmitted to this Court reveal that the Appellant, Quanuquanei Alfred Karmue, through his Campaign Chairwoman, Sannie Suokollie, filed a complaint on October 13, 2023, with the Senior Elections Magistrate of the National Elections Commission stationed in Upper Bong County, in which he levied a series of allegations against the NEC Staff who conducted the Representative Elections for District 04, Voting Precinct no. 6004, Belefanai Administrative Building. In the said letter of complaint, the complainant alleged that throughout Election Day, October 10, 2023, a certain individual, fraudulently wearing a NEC vest, intimidated voters to vote for Candidate Robert Flomo Womba, 2nd Appellee herein. In addition, the complaint alleged the individual who admitted that he did not have an NEC identification was allowed by the NEC staff to continue to permit voters into Room 1, unmonitored, after the voting time

Johnson Teah vs Philip Orega Awacotata and Sylvester (11/28/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

28 Nov, 2023

Johnson Teah vs Philip Orega Awacotata and Sylvester (11/28/2023)

Our procedural code provides that the announcement of the taking of an appeal, filling of the bill of exceptions, the filling of an appeal bond, and the service and filing of a notice of completion of appeal are the necessary requirements for the completion of an appeal; and that the failure to comply with any of these requirements within the time allowed by statue shall be ground for the dismissal of the appeal. Civil procedure law rev. code CPLR 1:51.4. It is a settled principle in this jurisdiction that only strict compliance with the appeal statute confers jurisdiction on the Supreme Court of Liberia to entertain and delve into the merits of a matter certified for an appellate review. David Gotoba v. LBDI, Supreme Court Opinion, March Term, 2023; Catakaw et al v. Karweh, Supreme Court Opinion, March Term, 2010;

Thomas Nimene Tweh vs. Siah Jarmie Tandapolie (10/05/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

5 Oct, 2023

Thomas Nimene Tweh vs. Siah Jarmie Tandapolie (10/05/2023)

This Application by Special Leave, filed on September 22, 2023, and amended on September 25, 2023, by Thomas Nimene Tweh, before the bench en banc of this Honourable Court, seeks to have this Court grant unto the Applicant special permission to file a petition for re-argument in a case decided by this Court on August 31, 2023, wherein this Court, in its Opinion and Final Judgment, reversed the Ruling of the Board of Commissioners (BOC) of the National Elections Commission (NEC) allowing the Applicant to contest the Representative Seat for District # 11, Montserrado County. Under Article IX of the Amended Rules of the Supreme Court, a party against whom the Supreme Court had ruled and entered a judgment against may, within three days of receipt of the Court’s Opinion and Judgment, file a petition for re-argument of the case.
The Supreme Court Rule also requires that in order for the Supreme Court to give

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