Category: Recent Decisions

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

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

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.

CONCERNED REGISTERED VOTERS vs J. MILTON TEAHJAY (08/31/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

31 Aug, 2023

CONCERNED REGISTERED VOTERS vs J. MILTON TEAHJAY (08/31/2023)

This appeal emanates from the final ruling of the Board of Commissioners of the National Elections Commission (NEC), entered on August 11, 2023, in favor of the appellee, J. Milton Teahjay, having entertained arguments on the appeal taken by appellants, Concerned Registered Voters of Sinoe County, from the ruling of the Hearing Officer of the National Elections Commission (NEC), in which the Hearing Officer granted the motion to dismiss the objection filed by the Concerned Registered Voters of Sinoe County, objecting to the candidacy of the appellee, J. Milton Teahjay, for the Senatorial Seat of Sinoe County.
The facts from the certified records in this appeal show that on August 19, 2023, the appellants, Concerned Registered Voters of Sinoe County, filed with the National Elections Commission an objection against the participation of Senator J. Milton Teahjay to contest for the senatorial seat in Sinoe County in the ensuing

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.

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

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

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

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

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

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