Category: Recent Decisions

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

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

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:

The Intestate of Gobbeh Kamara vs. The Intestate of J. Lamark Cox (11/28/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

28 Nov, 2023

The Intestate of Gobbeh Kamara vs. The Intestate of J. Lamark Cox (11/28/2023)

This motion to dismiss appeal emanates from a judgment rendered by the Sixth Judicial Circuit Court, Montserrado County on the 4th of April, 2022, denying a motion to intervene filed by the respondent herein against the movant in an ejectment action filed by the movant. The movant requests this Court to dismiss the appeal announced by the respondent from the said judgment on two grounds: that the respondent failed to superintend its appeal by failing to submit the certified copy of its records before this Court within the period of ninety (90) days as prescribed by Section 51.11 of the Civil Procedure Law; that up to the filing of this motion to dismiss appeal that the respondent has not still submitted its certified records before this Court and that the tax clearance attached to the respondent’s appeal bond expired on

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;

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

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

UNITY PARTY V. NEC-Violation of Section 4.1(2) – 3 (2) (10/05/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

5 Oct, 2023

UNITY PARTY V. NEC-Violation of Section 4.1(2) – 3 (2) (10/05/2023)

This Court has been called upon by the Unity Party, Appellants, to determine whether the National Elections Commission, Appellee has violated Chapter 4, entitled “Conduct of Elections”, particularly Section 4.1(2) of the New Elections Law with respect to the number of registered voters in a voting precinct.

Before proceeding into the allegations laid in the Complaint by the complainant, the Court will undertake a brief historical review of section 4.1(2). Pursuant to a mandate that devolved upon it, the Legislature in 1986 enacted the New Elections Law, which provided at Section 4.1(2) that the number of registered voters in any precinct shall not exceed 1000. In 2004, the National Transitional Legislative Assembly amended this section by the Elections Act of 2004, approved December 17, 2004. As amended, the Act provides that:

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.

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