Category: Justice Kaba

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

HUSSEIN SEIMAVULA vs BINTU MANSARAY-SUPREME COURT FINAL (09/06/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

6 Sep, 2023

HUSSEIN SEIMAVULA vs BINTU MANSARAY-SUPREME COURT FINAL (09/06/2023)

As part of the democratic sphere of Liberia, the Liberian Constitution, adopted by the citizens of Liberia at a Referendum in 1984 and which became effective on January 6, 1986, with the inauguration of the new civilian constitutional government, provides at Chapter VIII, Article 83(a) that the Liberian nation-state will conduct every six (6) years, throughout the Republic, elections for the “President, Vice-President, members of the Senate and members of the House of Representatives”, same to be carried out “on the second Tuesday in October of each election year.” In effectuation of this mandate, the Constitution further provides, at Chapter X, Article 89(b) that there shall be an Elections Commission which shall be charged with the responsibility of conducting the said elections, and it vest in the Legislature the prerogative to enact the Elections Laws to govern the electoral process and the conduct of the said elections

Roosevelt Demann vs Republic of Liberia (08/11/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

11 Aug, 2023

Roosevelt Demann vs Republic of Liberia (08/11/2023)

The Liberian Constitution at Article 21 enumerates rights guarantee to all persons accused of committing offenses against the Republic irrespective of the ghastly nature of the offenses. Of relevance to this appeal prosecuted by Roosevelt Demann, appellant convicted in the court below of the crime of murder, a felony of the first degree, is Article 21(h) which provides as follows:
“No person shall be held to answer for a capital or infamous crime except in case of impeachment, cases arising in the Armed Forces and petty offenses, unless upon indictment by a Grand Jury and in all such cases, the accused shall have the right to a speedy, public and impartial trial by a jury of the vicinity, unless such person shall with appropriate understanding, expressly waive the right to a jury trial. In all criminal cases, the accused shall have the right to be represented by counsel of his choice, to confront witnesses against him and to have compulsory process for obtaining witnesses in his favor. He shall not be compelled to furnish evidence against himself and he shall be presumed innocent until the contrary is proved beyond a reasonable doubt

Lamine Bonokai et al vs Bishop Fungbeh Kiamu (08/11/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

11 Aug, 2023

Lamine Bonokai et al vs Bishop Fungbeh Kiamu (08/11/2023)

This appeal grows out of a final ruling of the Sixth Judicial Circuit for Montserrado County in an action of ejectment filed by Bishop Fungbeh Kiamu, appellee, against several defendants, namely: Lamei Bonokai, William Mator, Jackson Quashed, Ma Sonny, Taku Jil, Sensee Elijah, Anthony Daniel and Papa Korkor, now appellants. The records show that after pleadings rested, the law issues disposed of and a regular jury trial had, the jury returned a unanimous verdict of liable against the appellants which verdict was confirmed by the trial court in its final ruling rendered on May 31, 2018. The appellants noted exceptions on the record, announced appeal and perfected same for an appellate review. It is worth noting that on appeal, this case was first called for hearing on November 17, 2020, the appellants requested continuance on ground that the counsel retained to represent them before this Court had conflict of interest. Similar request was made and granted on May 4, 2021 thereby abating the hearing of this appeal in two successive terms of court. When this matter was again assigned for hearing on May 18, 2023, the appellants have again assigned the same reason for failing to file a brief and to appear for argument of the case. This Court viewed the act of the appellants as a dilatory

Johnetta Pinky Abou vs Republic of Liberia (08/11/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

11 Aug, 2023

Johnetta Pinky Abou vs Republic of Liberia (08/11/2023)

On September 10, 2018, the Grand Jury for Montserrado County sitting in its August Term, returned a true bill charging the appellant, Johnetta Pinky Abu with the crime of murder, a felony of first degree. The indictment averred as follows:

“ INDICTMENT
The Grand Jurors for Montserrado County, Republic of Liberia, upon their oath do hereby find, more probably than not that defendant Johnetta Pinky Abu, Intentionally, willfully, purposely and knowingly and with malice, committed the crime of Murder a felony of the first degree to wit:
1. That during the evening hours to Thursday June 14, 2018, the late Morris Johnson and the Defendant Johnetta Pinky Abu along with one Genevie were together at a local entertainment center, Pepper

Acquillas Construction Company vs The Government of the Republic of Liberia(08/11/2023)

2023 Opinions / Justice Kaba / Recent Decisions

11 Aug, 2023

Acquillas Construction Company vs The Government of the Republic of Liberia(08/11/2023)

This appeal grows out of the ruling of our distinguished colleague, Chief Justice Her Honor Sie-A-Nyene G. Yuoh, then Justice presiding in Chambers of this Court during the October Term, A. D. 2016. Our review of the facts revealed by the records show that our colleague’s ruling captures substantive narrative of the facts and rationale for granting the appellee’s, the Government of Liberia, petition for a writ of certiorari. We quote the said ruling verbatim as follows:

“On June 23, 2015, the Acquillas Construction Company, the respondent herein instituted an action of debt in the Commercial Court, Montserrado County sitting in its June Term A.D. 2015, against the Government of

The Management of G N Bank vs. Mr. Morris Barsi-Giah (07/05/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

5 Jul, 2023

The Management of G N Bank vs. Mr. Morris Barsi-Giah (07/05/2023)

On May 2, 2017, Mr. Morris Barsi-Giah, appellee, by and thru his legal counsel filed a complaint of unfair labor practice and wrongful dismissal with the Ministry of Labour against the Management of G. N. Bank ( Liberia) Limited, appellant herein. The complaint alleged that the appellee was first employed with the F.I. Bank on August 26, 2013 as an audit officer, and later absorbed or acquired by the appellant on June 6, 2016; that the appellee was appointed on a committee to investigate alleged fraud perpetrated by certain employees of the appellant bank which investigation report did not implicate the appellee in any wrong doing; that as a result of the investigation conducted by the appellee’s committee, the names of five persons were forwarded to the police for criminal investigation; that on December 29, 2016, the appellant suspended the appellee without pay pending the outcome of an investigation into the appellee’s alleged complicity in the alleged fraud; that while that criminal investigation was ongoing, the appellant dismissed the appellee from its employ on April 17, 2017; that the appellant’s

Saah James vs. Republic of Liberia (07/05/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

5 Jul, 2023

Saah James vs. Republic of Liberia (07/05/2023)

On the 16th day of September, 2011, the Grand Jury for Montserrado County sitting in its August Term returned a true bill charging Saah James, appellant herein and one Robert to be identified for the commission of the crime of criminal attempt to commit murder, a felony of the second degree. We quote verbatim the indictment as follows:
“ The grand jurors for Montserrado County, Republic of Liberia, upon their oath do hereby find, more probably than not, that the defendants, Saah James and Robert to be identified, committed the crime of criminal attempt to commit murder, a felony of second degree, to wit:-

J J Warrabi vs. The heirs of the late Gabriel L. Dennis (07/05/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

5 Jul, 2023

J J Warrabi vs. The heirs of the late Gabriel L. Dennis (07/05/2023)

On January 5, 1996, the appellant, J. J. Wariebi, Sr. commenced an action of ejectment against the appellee, the heirs of the late Gabriel L. Dennis, before the Sixth Judicial Circuit, Civil Law Court for Montserrado County. The appellant’s complaint alleged that on January 13, 1989, he acquired a parcel of land from the Intestate Estate of G. Kofa Nagbe by and thru its Administrator, John T. G. Nagbe, as evidence by exhibit “A” attached to the complaint, which is a copy of an administrator’s deed containing twenty acres of land backed by a public land sale deed dated March 11, 1911 in favor G. Kofa Nagbe; that realizing that the appellees are occupying the said property without his consent, he gave them notice to vacate; that upon receipt of the notice to vacate, the appellees, through their counsel, requested a meeting which yielded no result; and that the appellees’ wrongful withholding of his property has caused him mental anguish, hardship and damages. The appellant therefore prayed the trial court to oust, evict and eject the appellees from his property and grant unto the appellant any other relief the court deems just

LPRC v. Elizabeth Matu Tubman (05/19/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

19 May, 2023

LPRC v. Elizabeth Matu Tubman (05/19/2023)

On June 28, 2018, the Appellee, Mrs. Elizabeth Matu Tuman-White, filed a complaint with the Ministry of Labor alleging, among other things, that she was employed with the Liberia Petroleum Refining Company, appellant, on September 15, 2009, as the director of finance; that she was later promoted to the position of financial comptroller by the Board of Directors through its Secretary Mr. T. Nelson Williams; that as the financial comptroller, she earned a monthly salary of US$6,537.00; that she obtained a vehicle through the management car loan policy that she is paying against by monthly salary deduction; that on January 24, 2018, about one year before her retirement, the administrative manager of the appellant informed her, via telephone, of her dismissal based on a directive of the Ministry of State for Presidential Affairs; and that her verbal termination and the seizure of her vehicle amount to wrongful dismissal/unfair labor practice.

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