Category: Recent Decisions

Intestate Estate of Shad Kaydea v Varlee Trawally (07/05/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

5 Jul, 2023

Intestate Estate of Shad Kaydea v Varlee Trawally (07/05/2023)

The facts in this case are not in dispute. The appellant (lessor) leased a piece of property known as the OAC compound to the appellee (lessee) on December 24, 2005, for a period of Twenty years (20) years, commencing from January 1, 2006 to December 31, 2026, for an annual rent of Three Thousand United States Dollars (US$3,000) payable at the beginning of each year. Clause Ten (10) of the lease agreement between the parties provides that in the event the leased property is assigned or subleased by the appellee to a third party, the appellant would be entitled to Twenty-Five Percent (25%) of the difference in the rent payable to the appellee under the sub-lease agreement and the rent payable by the appellee under the original lease agreement. Clause Six (6) of the lease agreement also provides that if the appellee fails to make rental payment within thirty (30) days of the beginning of a year, such failure shall be considered a material breach of the agreement and the appellant shall have the right to oust and or evict the appellee from the leased property.

Fahnma Shopping Complex VS J. Fallah Business Center (07/05/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

5 Jul, 2023

Fahnma Shopping Complex VS J. Fallah Business Center (07/05/2023)

This is an appeal from a final ruling in a declaratory judgment in the court below. When the case was called for hearing, one of counsels who appeared for the appellee, J. Fallah Business Center, made an application on the Court’s record praying for a dismissal of the appeal on ground that the appellant Management of Fahnma Shopping Complex failed to perfect its appeal in keeping with Chapter 51.1 of the Civil Procedure Law, 1LCLR. The appellee’s counsel stated in his application that final judgment in the case was rendered by the Civil Law Court on June 4, 2021, and the appellant excepted thereto and announced an appeal therefrom; that the appellant filed its bill of exceptions on June 15, 2021, a day outside the mandatory ten-day period for the filing of the bill of exceptions; that the notice of completion of appeal was filed on June 17, 2021; that based upon the late filing of the bill of exceptions, the appellee filed a motion to dismiss the appeal in the court below but the trial judge denied the motion, ruling that the appellant had already filed its notice of completion of appeal, thereby divesting the court of jurisdiction to act on the motion. Appellee counsel therefore prayed this Court to dismiss the appellant’s appeal for its failure to file a bill of exceptions within the time required by the appeal statute.

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

Intestate Estate of Zoe-Gar v. Intestate Estate of Francis R.T. Gardiner (05/19/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

19 May, 2023

Intestate Estate of Zoe-Gar v. Intestate Estate of Francis R.T. Gardiner (05/19/2023)

This case presents a legal issue that has been settled by this Court in several Opinions. We are therefore left to wonder why a long standing member of this Honorable Supreme Court Bar would elect to waste the Court’s time by raising the same issue on appeal. This speaks to the fact that despite many pleas from this Court requiring that lawyers acquaint themselves with Opinions of this Court, they have deliberately chosen not to be au courant with the Court’s Opinions, or it is a scheme by lawyers to bring up settled issues before this Court on appeal as a means to deliberately delay and baffle the settlement of proceedings in the court below. The Code of Moral and Professional Ethics of lawyers provides in Rule 31 that a lawyer’s appearance in court should be deemed equivalent to an assertion on his honor that in his opinion his client’s case is one proper for judicial determination.

Paye Flomo, James Flomo and Oliver Flomo vs. His Hon. Roland F. Dahn, and Zawolo Gbonblee and Chester Gbonblee (05/19/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

19 May, 2023

Paye Flomo, James Flomo and Oliver Flomo vs. His Hon. Roland F. Dahn, and Zawolo Gbonblee and Chester Gbonblee (05/19/2023)

The facts gathered from the certified records before this court revealed that an action of Summary Proceeding to Recover Possession of Real Property was filed by the Intestate Estate of Johnny Gbonblee by and through, its administrators Zarwolo Gbonblee et al., Respondent herein, against Paye Flomo, James Flomo and Oliver Flomo, both of Sokopa, Nimba County, Informants herein, on August 26, 2011, at the 8th Judicial Circuit Court, Nimba County. The record revealed that pleading rested and trial commenced on October 7, 2011. The Respondent paraded three witnesses, who essentially testified to its title deed, supporting documents and possession of the contested property; The Respondent thereafter rested with the production of oral evidence and the instruments testified to were marked by the court, confirmed and admitted into evidence to form an integral part of the case.

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

LPRC v. Elizabeth Matu Tubman (05/19/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

19 May, 2023

LPRC v. Elizabeth Matu Tubman (05/19/2023)

On June 28, 2018, the Appellee, Mrs. Elizabeth Matu Tuman-White, filed a complaint with the Ministry of Labor alleging, among other things, that she was employed with the Liberia Petroleum Refining Company, appellant, on September 15, 2009, as the director of finance; that she was later promoted to the position of financial comptroller by the Board of Directors through its Secretary Mr. T. Nelson Williams; that as the financial comptroller, she earned a monthly salary of US$6,537.00; that she obtained a vehicle through the management car loan policy that she is paying against by monthly salary deduction; that on January 24, 2018, about one year before her retirement, the administrative manager of the appellant informed her, via telephone, of her dismissal based on a directive of the Ministry of State for Presidential Affairs; and that her verbal termination and the seizure of her vehicle amount to wrongful dismissal/unfair labor practice.

Liberia Sheng Xin De Yuan v. Mr. John P. Saah Re-argument (05/19/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

19 May, 2023

Liberia Sheng Xin De Yuan v. Mr. John P. Saah Re-argument (05/19/2023)

Rule IX of the Revised Rules of the Supreme Court provides in part that “for good cause shown to the Court by petition, a re-argument of a cause may be allowed only once when some palpable substantial mistake is made by inadvertently overlooking some fact, or point of law.”

This petition for re-argument grows out of this Court’s decision delivered on December 15, 2022 during its October Term on a motion to dismiss appeal filed by the respondent herein, Mr. John P. Saah, against an appeal taken by Liberia Sheng Xin De Yuan Mining Company, petitioner herein, from a final ruling of the 16th Judicial Circuit for Gbapolu County in an action of damages for wrong. In that Opinion, this Court found that the petitioner herein, filed its bill of exceptions on May 11, 2022 outside the statutory period of ten days which rendered its appeal dismissed. We quote succinct parts of that Opinion as follows:

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

MAMBA POINT HOTEL Vs. JANNEH DEE (05/19/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

19 May, 2023

MAMBA POINT HOTEL Vs. JANNEH DEE (05/19/2023)

On May 20, 2016, the appellee, Janneh Dee, filed an action of damages for wrong against the Appellant Management of Mamba Point Hotel before the Civil Law Court, Sixth Judicial Circuit, Montserrado County, substantially alleging that she was injured as the result of the appellant’s negligence. In her complaint, the appellee stated that she was employed by the appellant as a waitress and served the appellant with commitment, sincerity and dedication for several years until she sustained a severe spinal injury at the instance of the appellant. Appellee alleged that on December 4, 2014, while on duty as a waitress serving customers upstairs at the appellant’s business premises in Monrovia, Montserrado County, she felt the urge to use the bathroom and proceeded downstairs to the staff bathroom; that after using the bathroom, she began to make her way back upstairs to her work station, and while on the stairways from the bathroom she slipped on the wet floor tiles, and fell down with her back to the floor; that pursuant to the fall, she began to feel severe pain in her waist and other parts of her body and she

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