Category: Recent Decisions

Mohammed Koroma v. George Henries (08/11/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

11 Aug, 2023

Mohammed Koroma v. George Henries (08/11/2023)

This Court has been called upon by the appellants, Mohammed E. Koroma and his grantor, Daniel K. Tor, to reverse the final ruling of the trial court entered in favor of the appellees, George E. Henries, Beverly Barns and her husband, Roland Barns, James A. A. Pierre, Jr. and J. C. N. Howard, Jr. on April 3, 2019, upon a jury verdict of not liable.

The facts gleaned from the records before this Court reveal that on November 20, 1989, the appellants filed before the Sixth Judicial Circuit, Civil Law Court for Montserrado County, an action of Bill in Equity to Remove Cloud on Title against the appellees. The co-appellant, Mohammed Koromah, contended principally that on August 22, 1981,

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

MARTHA G. GWEH VS. IMAM ISAMAIL (08/11/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

11 Aug, 2023

MARTHA G. GWEH VS. IMAM ISAMAIL (08/11/2023)

Martha G. Gweh, by and through her Attorney-In-Fact, Mr. D. Morgan Paye, informant herein, filed a bill of information with this Court, alleging amongst other things, the obstruction of this Court’s mandate by Iman Isamail Sesay et al., and their counsel, Counsellor Alhaji Swaliho A. Sesay, respondents herein, by the physical impediments created and the filing of bogus and unmeritorious objection to the repossession of the informant of the subject property as mandated by this Court.

The genesis of this case is that, the informant, Martha G. Gweh by and through her Attorney-In-Fact, Mr. D. Morgan Paye, filed an action of ejectment against Iman Isamail Sesay and [a] Lady to be identified, together with all other persons illegally occupying the subject property, all of the City of Paynesville, Montserrado County, Republic of Liberia, at the Civil Law Court,

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

G T BANK v. Charles Sirleaf (08/11/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

11 Aug, 2023

G T BANK v. Charles Sirleaf (08/11/2023)

The appellant, Guaranty Trust Bank (Liberia) Limited, has challenged the final ruling of the Commercial Court in which the latter ruled and adjudged the former liable to the appellees, Charles E. Sirleaf and Bojelene Guest House Inc. for breach of deposit contract and awarded damages in the aggregate amounts of One Million, Six Hundred Seven Thousand United States (US$1,607,000.00) Dollars and Fifteen Million, Six Hundred Ninety Thousand Liberian (L$15,690,000.00) Dollars, and has called upon the Supreme Court of Liberia to reverse the final ruling of the Commercial Court.

The certified records show that on September 3, 2020, the appellees, plaintiffs in the Commercial Court of Liberia, instituted an action of damages for breach of deposit contract against the appellant, Guaranty Trust Bank (Liberia) Limited, as defendant below, having complained that the Bank failed to address concerns of fraudulent banking transactions carried on their accounts maintained with the appellant bank. The appellees alleged in substance that Eight Hundred Sixty-Six Thousand, Five Hundred Eighty United States

Fallah Willie et al Vs. Yuissif Fahnbulleh et al (08/11/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

11 Aug, 2023

Fallah Willie et al Vs. Yuissif Fahnbulleh et al (08/11/2023)

This case is before us on appeal from the final ruling of the assigned Judge of the 6th Judicial Circuit, Civil Law Court, Montserrado County, sitting in its March Term A.D. 2016 in an action of ejectment filed by Yussif B. Fahnbulleh and Frazeanatu Fahnbulleh, represented by and through their Guardian, Madam Doris Z. Menwon of 72nd Community, Paynesville City, Montserrado County, appellees herein, against Fallah Willie, Joseph Saah and all occupants under their control and Archie T. Nazzal, also of 72nd community, Paynesville City, Montserrado County, Republic of Liberia, appellants herein.

The facts as gathered from the certified records of the case revealed that on December 9, 2013, the appellees by and through their guardian, (Natural mother) Madam Doris Z. Menwon, instituted an action of ejectment against appellants at the 6th Judicial Circuit, Civil Law Court, Montserrado County. The appellees alleged in their complaint that they are minor children of Madam Doris Menwon and Boakai Fahnbulleh, who were the original owners of the property and deeded the property, subject of these proceedings, to their minor children after they got divorced; that the said property lies along the Somalia Drive within the 72nd Barracks Community, and the frontage of the property faces the Somalia Drive. The appellees further

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

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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