Category: Justice Yuo

Siah Jarmie Tandapolie, New Liberia Party et al. v. National Election Commission (08/31/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

31 Aug, 2023

Siah Jarmie Tandapolie, New Liberia Party et al. v. National Election Commission (08/31/2023)

This appeal emanates from the final ruling of the Board of Commissioners (BOC) of the National Elections Commission (NEC), wherein the BOC affirmed the ruling of the Hearing Officers of the NEC and dismissed the appellants’ appeal.

The certified records show that on June 19, 2023, co-appellants Siah J. Tandapolie, of the New Liberia Party, Emmanuel K.B. Togba, of the All Liberian Party, and James Marwieh, referring to himself as an eminent citizen of District # 11, filed separate complaints before the NEC, objecting to the nomination and certification of Dr. Thomas Nimene Tweh, the appellee herein, as a provisional candidate vying for the Representative Seat in District # 11, Montserrado County. In summary, the appellants contend in their separate complaints, that the appellee held dual citizenship, Liberian and American which disqualifies him from contesting the representative seat; that in substantiation of the said allegation, the appellants proffered copies of the biometric page of an American Passport and a driver’s license of the State of California purportedly belonging to the appellee; that the appellants further alleged that the appellee is not domiciled in District # 11 as he claimed, but rather domiciled in Louisiana, which is situated in District # 1, Montserrado County.

The Management of Ecobank (Liberia) Limited vs Embassy Suite Corporation (08/11/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

11 Aug, 2023

The Management of Ecobank (Liberia) Limited vs Embassy Suite Corporation (08/11/2023)

This appeal is from the final ruling of Mr. Justice Yussif D. Kaba, then Resident Circuit Judge of the Sixth Judicial Circuit, Civil Law Court, Montserrado County, and before his ascendancy as Associate Justice of the Supreme Court, wherein he affirmed the verdict of the jury awarding damages in the amount of One Million Five Hundred Thousand United States Dollars (US$ 1,500,000.00) to the Embassy Suites Incorporated, the appellee herein, for acts allegedly perpetrated by the appellant herein, Ecobank Liberia Limited, against the Embassy Suites Sole Proprietorship, prior to the coming into existence of the Embassy Suites Incorporated.
The history of this case is traced to August 10, 2009, when the Liberia Resort Management Group Incorporated through its three shareholders, Mr. Winfred R. Gibson, Mr. Anwar Saoud, and Mr. Marina Nazarine/Vahagn Poghosyan, applied to the appellant, the Ecobank (Liberia) Limited, and subsequently obtained a loan in the amount of Five Hundred Thousand United States Dollars (US$500,000.00) for the purpose of financing the renovation of a ten-bedroom hotel and the construction of a new building on the premises of the Liberia Resort Management Group Incorporated, located in Mamba Point

Sansee Kowo et al. vs Republic of Liberia (08/11/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

11 Aug, 2023

Sansee Kowo et al. vs Republic of Liberia (08/11/2023)

The appellant, Sensee Kowo, is before the Supreme Court appealing his conviction of murder emanating from the final ruling of the Second Judicial Circuit Court, Grand Bassa County.

The records established that the Republic of Liberia, the appellee herein, arrested the appellant and two other defendants in persons of Rancy Dolo and Martin Dolo, and following investigation, jointly charged them for the murder of Samuel Selleh. Subsequently, the Grand Jury of the Eighth Judicial Circuit, Nimba County, indicted all the defendants for the commission of the crime of murder.

The nine (9) count indictment alleged inter alia, that on March 8, 2020, the decedent, Samuel Selleh, and three of his friends were seen loitering around the Jackie’s Guest House, a private business center; that two private security guards assigned to an area proximate to the said business center, namely co-defendants Martin Dolo and Rancy Dolo approached the decedent and his friends demanding to know the contents of a bag being carried by one of the decedent’s friends; that an argument ensued because one of the decedent friends questioned the authority of the co-defendants to search their bags, noting that the co-defendants were not officers of the Liberian National Police (LNP) or the Liberia Drug Enforcement Agency (LDEA); that during the argument, co-defendant Martin Dolo called his boss, the appellant herein, Sensee Kowo, requesting that he come on the scene; that upon the appellant’s arrival, and without investigating the cause of the argument, proceeded to take hold of the decedent from the back

Minister Dean Contempt Proceedings (08/11/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

11 Aug, 2023

Minister Dean Contempt Proceedings (08/11/2023)

In an Opinion growing out of contempt proceedings against then Attorney General/Minister of Justice, C. Abayomi Cassell, the Supreme Court, in 1961 speaking through Mr. Chief Justice James A.A. Pierre in the case: In Re C. Abayomi Cassell, 14LLR 391, 403, 404 (1961), opined thus:

“…the Judiciary is the anchor which holds stabilized government in balance; without it, vested interest might suffer, sacred rights [will] be violated, constituted authority [will] be challenged; and in fine, administrative chaos could result…The Judiciary is only as weak as the concept of those who imagine it to be so; and it is as strong as the will of those who worship within its shrine…”

We affirm and confirm this holding of the Supreme Court, and are of the view that same is epiphanic and true, not just to the faithful few of 1961 but also to the current worshippers and priests in Black Silk who revered the sacredness of these hallow walls and have sworn by holy writ to show due respect to the courts at all times regardless of their station or social status.

The present case is another classical example of another Attorney General/Minister of Justice and Dean of the Supreme Court Bar who has substituted his ethical responsibilities to the courts of Liberia with that of mudslinging in order to impugn and undermine the image of the Judiciary and to camouflage the ineptitude of the Institution he heads and as the chief prosecutor of all crimes in the Republic of

Bea Mountain Mining vs Corporation Frederick Kamara et.al(08/11/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

11 Aug, 2023

Bea Mountain Mining vs Corporation Frederick Kamara et.al(08/11/2023)

This case has its origin in a contract executed between the appellant, Bea Mountain Mining Company (BMMC), and the International Construction & Engineering, Inc. (ICE) for the construction of a processing plant at the appellant’s mining site in Grand Cape Mount County, named and styled the “New Liberty Gold Mines”.

Following the execution of the contract between the appellant and the International Construction & Engineering, Inc. (ICE), the latter as a separate and distinct entity, proceeded to hire the appellees in these proceedings in order to perform its responsibilities under the contract with the appellant. The project commenced at the appellant’s mining site, with all parties performing in compliance with the terms and conditions of the contract until the International Construction & Engineering, Inc. (ICE) breached certain provisions of the contract, prompting the appellant to terminate its services

Kortu Carmmo II et al vs. The Intestate of Alhaji Musa Turay et al (05/19/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

19 May, 2023

Kortu Carmmo II et al vs. The Intestate of Alhaji Musa Turay et al (05/19/2023)

The present appeal emanates from a Ruling of our Distinguished Colleague, Mr. Justice Yussif D. Kaba, while presiding in Chambers during the October Term 2021, following a hearing on a petition for the writ of certiorari filed by the appellee herein, the Intestate Estate of Alhaji Musa Turay against the 1st and 2nd appellants, Madam Kortu Carmmo and the Intestate Estate of Mobutu Vlah Nyepan, respectively.

The records show that on May 30, 2019, the 1st appellant, Madam Kortu Carmmo filed an action of summary proceedings to recover possession of real property in the Sixth Judicial Circuit, Civil Law Court, Montserrado County. The appellee, the Intestate Estate of Alhaji Musa Turay filed its answer averring therein that title being in dispute, the action of summary proceedings to recover possession of real property could not lie, and

Emmet Hoff et al v. Republic of Liberia Final (05/19/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

19 May, 2023

Emmet Hoff et al v. Republic of Liberia Final (05/19/2023)

On May 26, 2018, the Grand Jurors of Montserrado County presented an indictment against the appellants, Emmett Hoff, John E. Tarpeh, Solomon Gibson, Edward Gibson, Emmanuel Gibson, Mandingo Papay, Josephus Hoff, Winston Kennedy, Mark Dermah, Emmanuel Teddy Gbah for the commission of the crimes of murder and criminal conspiracy to commit murder.

The indictment alleges that during the morning hour of 9:45 a.m. to 10 a.m. on March 19, 2018, in the area of the Building for Tomorrow Community, Johnsonville Township, the deceased, Alexander Slocum, along with Samuel Benson visited a parcel of land which he, Samuel Benson intended to purchase from the deceased Alexander Slocum; that the co-defendant Emmett Hoff, having received information

Kollie Buway v. RL II final (05/19/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

19 May, 2023

Kollie Buway v. RL II final (05/19/2023)

The Supreme Court is called upon to again make final determination of an appeal involving the crime of rape, emanating from the final ruling of the 1st Judicial Circuit, Criminal Assizes “E”, which adjudged the appellant herein, Kollie Buway guilty of the crime of rape. The records indicate that at the time the crime was committed, the appellant and private prosecutrix were 57 and 12 years old, respectively.
The certified records show that on March 4, 2009, a writ of arrest was issued out of the Paynesville Magisterial Court against the appellant, charging him with the commission of the crime of rape; thereafter, the appellant was indicted by the grand jury for Montserrado County on the single charge of rape and forwarded to the 1st Judicial Circuit, Criminal Assizes “E” for prosecution. We quote below the indictment, to

THE INTESTATE ESTATE OF AB MARS V. ALEXANDER FREEMAN (04/12/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

12 Apr, 2023

THE INTESTATE ESTATE OF AB MARS V. ALEXANDER FREEMAN (04/12/2023)

This motion to dismiss presents a single issue for our determination viz.: whether or not an appeal is dismissible for failure of the appellant to transcribe the records to this Court.
The Supreme Court has opined in numerous of its Opinions that where a motion to dismiss an appeal is presented for determination, the Supreme Court is estopped from entering upon the records to make any determination of the substantive issues on appeal; that even in instances where the Court elects to consolidate the motion to dismiss the appeal with the main appeal, the Court must first determine the justifiability of the contention(s) presented in the motion; except the Court determines that the contentions are not tenable for the dismissible of the appeal, it cannot proceed to make determination of the appeal on

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