Category: Justice Wolokollie

UNITY PARTY AND LIBERIA PEOPLE PARTY VS. THE NATIONAL ELECTIONS COMMISSION-PETITION FOR WRIT OF MANDAMUS (10/06/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

6 Oct, 2023

UNITY PARTY AND LIBERIA PEOPLE PARTY VS. THE NATIONAL ELECTIONS COMMISSION-PETITION FOR WRIT OF MANDAMUS (10/06/2023)

The conduct of free, fair and credible elections is the bedrock of all democracy. It is the process by which a nation and a people determine who will and who should govern and direct the course of their lives for a given period of time, especially as provided for by the highest law of their land—the Constitution. Through elections, the people manifest their desire for a civilized and democratic order. These objectives were not lost by the framers of our Constitution, adopted in 1984 and with an effective date of January 6, 1986, when they crafted these words: “All power is inherent in the people. All free governments are instituted by their authority and for their benefit and they have the right to alter and reform the same when their safety and happiness so require. In order to ensure democratic government which responds to the wishes of the governed, the people shall have the right at such period, and in such manner as provided for under this Constitution, to cause their public servants to leave office and to fill vacancies by regular elections and appointments [Emphasis ours].

The Liberian Constitution of 1986 effectuates this vision, a democratic constitutional

UNITY PARTY V. NEC-Violation of Section 4.1(2) of Elections Law (1)a2 (2) (10/05/2023) 0

2023 Dissenting Opinions / Justice Wolokollie

5 Oct, 2023

UNITY PARTY V. NEC-Violation of Section 4.1(2) of Elections Law (1)a2 (2) (10/05/2023)

The Court has held that the function of the Judiciary is to interpret the law as it is written. This Court has been called upon by the Unity Party, appellant, to determine whether the National Elections Commission (NEC), appellee has violated Chapter 4, entitled “Conduct of Elections”, particularly Section 4.1(2) with respect to the number of registered voters in a precinct. Section 4.1 (2) of the New Elections Law as amended in 2016 reads:

“The number of registered voters in every precinct shall be approximately equal, and unless the Commission in any particular case so determines, the number of registered voters in any precinct shall not exceed three thousand (3000).”

The Unity Party complained to the NEC that 93 voting precincts in nine counties constituting

ODESCO TARPEH VS. ERIC VAYE (09/13/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

13 Sep, 2023

ODESCO TARPEH VS. ERIC VAYE (09/13/2023)

The facts as culled from the records in this case are that, on August 21, 2023, the appellant Odesco Tarpeh, a registered voter of Electoral District #5, Montserrado County, filed a letter of complaint to the National Elections Commission (NEC) objecting to the eligibility of the Co-appellee Eric Vaye to contest as representative candidate in Electoral District #5, Montserrado County. In the complaint, the appellant alleged that Co-appellee Eric Vaye is ineligible to contest because he was convicted for the commission of a felony and was sentenced to a prison term of five (5) years, and that he had not served the prison sentence levied against him.

On August 17, 2023, the Liberia First Movement Party, by and thru its Chairman, Layee Togba, filed a motion to join, praying the NEC to join it as a party in the case because it is qualified and suitable to be an objector to ensure that a convict who has not served his prison term be disallowed from contesting for an elected position in Liberia.

Eminent Citizens & Residents of Margibi County VS. Hon. Nathaniel F. McGill of Margibi County (08/31/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

31 Aug, 2023

Eminent Citizens & Residents of Margibi County VS. Hon. Nathaniel F. McGill of Margibi County (08/31/2023)

This is an appeal from a ruling made by the National Elections Commission (NEC) on a motion to dismiss a complaint challenging the eligibility of the appellee, Mr. Nathaniel F. McGill, to contest as a senatorial candidate of Margibi County in the 2023 Presidential and Legislative Elections.
The genesis of this appeal as per the records is that, on July 10, 2023, one Peter F. Mulbah, referring to himself as an eminent citizen of Margibi County, wrote a letter to Madam Davidetta Brown Lassana, Chairperson of the National Elections Commission (NEC) objecting to the certification of Mr. Nathaniel F. McGill to contest in Margibi County as a senatorial candidate. He alleged that Mr. McGill lied under oath when he stated that he domiciles in Margibi County, whereas, he lives in the R-2 Community located in Montserrado County.
Subsequently, on July 13, 2023, several citizens referring to themselves as Eminent Citizens

Stoner Liberia Inc. vs. Ecobank Liberia Limited (08/11/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

11 Aug, 2023

Stoner Liberia Inc. vs. Ecobank Liberia Limited (08/11/2023)

The appellant, Stoner Liberia, Inc. (Stoner), requests this Court to review and reverse the ruling entered by the Justice in Chambers, denying the petition for the writ of prohibition filed by the appellant against the conduct of Judge Eva Mappy Morgan of the Commercial Court of Liberia. We are to determine whether the Justice’s ruling is erroneous and reversible as a matter of law as alleged by the appellant.

The undisputed facts as revealed by the records are that on July 3, 2018, the Co-appellee Ecobank Liberia Limited (Ecobank) filed an action of debt by attachment against the appellant Stoner before the Commercial Court of Liberia, alleging that the appellant Stoner is indebted to it in the sum of US$946,787.04 (Nine Hundred Forty-six Thousand Seven Hundred Eighty-seven Dollars Four Cents United States Dollars); that this amount derived from a loan facility secured by the appellant and which loan the appellant had failed to liquidate in full and in keeping with the agreement executed between the parties. The Co-appellee Bank prayed the court to adjudge the appellant liable and order it to pay the said amount.

J.D. Wesley et al vs. His Honor Yamie Gbaisay et al (08/11/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

11 Aug, 2023

J.D. Wesley et al vs. His Honor Yamie Gbaisay et al (08/11/2023)

Rule IV, Part 12 of the Revised Rules of the Supreme Court prescribes the office of bill information as follows:

“(a). A bill of information will lie to prevent a Judge or any Judicial Officer who attempts to execute the mandate of the Supreme Court in an improper manner from doing so with the Judgment and/or Mandate of the Supreme Court.

(b). A Bill of Information will also lie to prevent any one whomsoever from interfering with the Judgment and/or Mandate of the Supreme Court.

(c). Any Counsellor who files a Bill of Information before this Court assigning reasons therefor other than the reasons expressly prescribed by these Rules shall be penalized by the imposition of a fine, suspension or disbarment.”

The Supreme Court has held in a long chain of Opinions that for a bill of information to be granted, the matter forming the basis of the information must have been pending before the Supreme Court or decided by it; that

Mr. Foleboi K. Kamara of 941 Yeadon Avenue vs. Alhaji Mohammed Fofana (08/11/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

11 Aug, 2023

Mr. Foleboi K. Kamara of 941 Yeadon Avenue vs. Alhaji Mohammed Fofana (08/11/2023)

In this appeal, we are asked by the appellant to overturn the ruling of the Sixth Judicial Circuit Court, Montserrado County, made in a declaratory judgment proceedings in which the court ruled that the appellee has a continuous leasehold right to the disputed property by virtue of an amendment made to the original lease agreement entered into between the appellee and the decedent of the appellant’s estate, Alahaji Mohammed Fofana, on July 15, 1998.

The essential facts are that the appellee and the decedent of the appellant estate, Alhaji Mohammed Fofana, entered into a lease agreement on June 20, 1997, for a parcel of land containing 1.87 lots, lying and situated in Fish Market, Sinkor, for a period of twenty (20) calendar years. As relevant to this appeal, clauses 2 and 3 of the lease agreement read:

Mrs. Warti Nancy Robinson-Bility vs. Mr. Sidikie Musa Bility (08/11/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

11 Aug, 2023

Mrs. Warti Nancy Robinson-Bility vs. Mr. Sidikie Musa Bility (08/11/2023)

The appellee Sidike Musa Bility and the appellant Warti Nancy Robinson-Bility were husband and wife, who during the pendency of their marital relationship begot two children; namely, Al-Hussein Bility and Sidike Bility, who are minors. On May 5, 2021, the Civil Law Court, Sixth Judicial Circuit, based on an Action of Divorce for Incompatibility of Temper filed by the appellee, entered a decree dissolving the marriage between the appellee and the appellant. The instant appeal emanates from the granting of permanent custody of the two minor children begotten out of the marriage to the appellee Sidike Musa Bility.
The certified records reveal that while the divorce proceedings between the parties was pending before the Civil Law Court, the appellee filed a motion for temporary custody, praying the court to grant unto him temporary custody of the two minor children pending the final disposition of the divorce proceedings. The appellee contended in his motion that his request for

Varfin Kenneh v. Jallah Boi et al (08/11/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

11 Aug, 2023

Varfin Kenneh v. Jallah Boi et al (08/11/2023)

This case is before us on appeal from a ruling rendered by the Sixth Judicial Circuit, Civil Law Court, Montserrado County, against the appellant Varfin Kenneh. The appellant challenges the lower court’s ruling, averring that the court overlooked material facts in the case, and has petitioned this Court to overturn the ruling and enter the ruling that ought to have been rendered by the court below.

The salient facts that are crucial to the determination of this matter are that on March 6, 2019, the appellant Varfin Kenneh, by and through his Attorneys-in-Fact, Foday Kenneh and Mohammed Kenneh, filed an action of ejectment before the Sixth Judicial Circuit, Civil Law Court, Montserrado

SOLOMOM NGLKIA VS. JOSEPH MOMOH (07/05/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

5 Jul, 2023

SOLOMOM NGLKIA VS. JOSEPH MOMOH (07/05/2023)

This is an appeal from a final ruling rendered in an action of ejectment filed by the appellee James Z. Momoh by and thru his Attorney-in-Fact George Lansana Fallah against the appellants Solomon Ngekia, Hawa Fahnbulleh, Ansumana Sheriff, Beatrice Johnson et al, in Sixth Judicial Circuit Court, Montserrado County. The appellee alleged that the appellants are withholding his property and have refused to vacate the said property despite several requests for them to do so. After several interlocutory challenges by the appellants, the Civil Law Court rendered final judgment against the appellants, adjudging them liable in ejectment and ordering that they be ousted and evicted from the subject property. The appellants now ask this Court to reverse the adverse judgment entered by the Civil Law Court against them.
The records reveal that the appellee filed the action of ejectment on April 27, 2010, before the Civil Law Court, Montserrado County; that based on the complaint, the court issued out the writ of summons along with the complaint for service on the appellants. The returns of the sheriff indicated that the Co-appellant Ansumana Sheriff received the court’s precepts but refused to sign the copy of the writ of summons, while the rest of the

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