HIS HONOR YUSSIF D. KABA
EDUCATIONAL BACKGROUND
His Honor Yussif D. Kaba was born on July 19, 1958 in Montserrado County, at the Old Maternity Center, Republic of Liberia unto the union of Alhadji Molly D. Kaba (deceased) and Mrs. Haja Kumba D. Kaba (deceased).
Justice Kaba attended the William V.S. Tubman High School and Arabic School (now Muslim Congress High School) on Newport Street from 1964-1969 with Islamic Religious Education. He later pursued his formative early education enrolled at the J.L. Gibson Memorial School on Center Street, from 1969-1970. From 1971-1973, Justice Kaba attended the Cathedral Catholic Elementary School on Nelson Street, Monrovia and later obtained his High School Certificate and Diploma from the Wells Hairston High School on Mechlin Street, Monrovia from 1974-1979.
In 1980, Justice Kaba, being in pursuit of higher education, enrolled in the University of Liberia, where he graduated with a Bachelor of Science (BSc) degree with major in Economics and minor in Accounting from the then College of Business and Public Administration in 1984.
With passion for the law and quest for Justice, Justice Yussif D. Kaba matriculated to the Louis Arthur Grimes School of Law, University of Liberia in 1987 and obtained a Bachelor of Law (LLB) degree from the Law school in 1994.
From 2007-2011, Justice Kaba obtained a Master of Arts degree with (Distinction) from the Ibrahim Badamasi Babangida School of International Studies, University of Liberia, with area of study in International Relations. He presented a case study on his Thesis Topic: “Ethics and Morals in War Crimes Adjudication: A Case Study of the Special Court for Sierra Leone.”
In 2013, Mr. Justice Kaba obtained a Certificate of completion from Lawyers without Borders on Trafficking in Persons Support Through Trial Advocacy Training in Monrovia.
SEMINARS, CONFERENCES AND WORKSHOPS PARTICIAPTION AND PRESENTATION
- October, 2003: United National Environmental Program (UNEP) conference; Africa on Environmental Law; Nairobi, Kenya.
- January 2006: West African Research Center (WARC) in collaboration with the International Center for Ethics, Justice and Public Life conference; Connecting International and National Justice; Brandeis University, Dakar, Senegal.
- February 2006: Economic Community of West African States (ECOWAS) conference; Review of the administrative structure of the Community Court of Justice: Abuja, Nigeria.
- October 2008: Strategic Plan Meeting of the Judicial Branch of Government of Liberia; Accra, Ghana.
- 2009: Workshop; “Instructional Design and Facilitation Skills for the Liberian Judiciary.”; National Judicial College, University of Nevada, Reno.
- June 2009, participated in the Inter-Governmental Action Group against Money Laundering in West Africa (GIABA) at the 2nd Seminar on Economic Crime for English Speaking Judges of ECOWAS; Accra, Ghana.
- June 2010, Participated in the 3rd Seminar on Economic and Financial Crimes for Judges in English Speaking Countries in West Africa, held by The Inter-Governmental Action Group against Money Laundering in West Africa (GIABA) in collaboration with the Commonwealth Secretariat (COMSEC); Banjul, Gambia.
- July 2010, Justice Kaba participated in the James A.A. Pierre Judicial Institute workshop, and presented a paper at the Public Defenders Training Workshop on “Pre Trial, Trial and Post-Trial Motions, Practices, Procedures and Dispositions”.
- 2012, Justice Kaba participated in the James A.A. Pierre Judicial Institute, A Joint Training of Judges Public Defenders and Prosecutors Covering Various Aspects of Trial Procedures including in Camera Proceedings for Sexual offences and Orientation/Refresher Training Workshop for Public Defenders and presented a paper on the topic: “Trial and Post-Trial Motions, Evidence and its Presentation, Exception, and Offer of Proof.”
PUBLIC & PROFESSIONAL SERVICE
Associate Justice Kaba served as principal for Muslim Congress High School on Mechlin Street, Monrovia, in 1986-1988.
In 1989, Justice Kaba began his public service at the West Africa Examinations Council as Assistant Registrar 1 & 11/Subject Officer, Monrovia Office (Economics, Social Studies, Principle of Account, and Business Methods), Test Development Division (TDD) till 1994.
In 1994, Mr. Justice Kaba was admitted to the Montserrado County Bar as Attorney-at-Law and later in 1998 he was admitted to the Supreme Court Bar as Counsellor-At-Law. Justice Kaba embarked upon his legal practice by associating with the Tulay and Associates Law Offices, where he served as Legal Counsel from 1994-1997. In 1997, Justice Kaba was appointed Assistant Minister, Administration and Public Safety at the Ministry of Justice. He served also at the Ministry of Justice in 1998 as Assistant Minister, Litigation.
1998 – 2003. - Mr. Justice Kaba’s served as a Relieving Judge whilst he also served as a member of the Judicial Inquiry Commission (JIC) between 1999-2003. Mr. Justice Kaba was subsequently appointed Probate Judge, Monthly and Probate Court for Montserrado County in 2004.
From 2005-2006, Justice Kaba served as Acting Court Administrator with the Judiciary Branch of Government of Liberia.
In 2006, Justice Kaba was appointed by the President of the Republic of Liberia to serve as Chief Justice of the Ad-Hoc Supreme Court of Liberia which was constituted to lead the Judiciary Branch of government during the transition from the Supreme Court of Liberia constituted by the Accra Peace Agreement as an organ of the Liberia National Transitional Government, to the Supreme Court of Liberia of the constitutional government.
In 2009, Mr. Justice Kaba was nominated and appointed as Resident Circuit Judge, 6th Judicial Circuit, Montserrado County by the President of the Republic of Liberia.
Mr. Justice Kaba serves as Assistant Professor to third year class law students in Practice Court and Evidence Law at the Louis Arthur Grimes School of Law.
Mr. Justice Kaba was appointed in 2018 by the President of the Republic of Liberia to serve as Vice President of The Community Court of Justice ECOWAS in Abuja, Federal Republic of Nigeria.
On April 2019, the President of the Republic of Liberia appointed Justice Kaba to serve as Associate Justice of the Supreme Court of Liberia.
PROFESSIONAL & SOCIAL AFFILIATION
2008 - Present ………. Member, National Association of Trial Judges of Liberia
2008 - 2009 ………. President, National Association of Trial Judges of Liberia
1999 - Present ………. Member, Supreme Court Bar
1999 - Present ………. Member, Executive Committee, National Muslim Council of
Liberia, Inc.
1994 - Present ………. Member, Montserrado County Bar Association and the
Liberian Bar Association.
1984 - Present ………. Senior Executive Member, Muslim Congress of Liberia, Inc.
Justice Yussef D. Kaba has judicial oversight over:
Grand Gedeh County is the home of the 7th judicial Circuit which sits on criminal, civil and probate matters and is housed in an UNMIL constructed building in Zwedru City. The 7th Judicial Circuit also oversees the function of the Debt, Read more…..
RiverCess County is the home of the 14th Judicial Circuit which sits on criminal, civil, and probate matters and is housed in a building constructed by UNMIL for the Magisterial Court in Cestos City. The 14th Judicial Circuit also oversees the functions of the Revenue, Read more…..
Gbarpolu County is the home of the 16th Judicial Circuit which sits on criminal and civil matters and is housed in the Judicial Complex in Bopolu City. The 16th Judicial Circuit has three (3) specialized courts and oversees the functions a total of four (4) magisterial courts located across the county, Read More…..
OPINIONS BY HIS HONOR JUSTICE YUSSIF D. KABA
Levee Moulton v. Judge Dunbar (06/14/2024)
The appellants, Frederica Free-Moulton, presumptive widow, and Michael D. Moulton, son of the late Joseph Karbar Levee Moulton, through their Attorneys-in-Fact, Louise C. Ngangana and Mansfield Wrotto, filed a petition for letters of administration to administer the Intestate Estate of Joseph Karbar Levee Moulton, who died on October 15, 2020, in the United States of America. On March 30, 2021, the Monthly and Probate Court for Montserrado County heard the petition and issued letters of administration Read more →
Sky Insurance Company vs. His Honor Yamie Quiqui Gbeisay and the Republic of Liberia (02/07/2024)
This appeal emanates from a ruling entered by our esteemed colleague then assigned Circuit Judge of Criminal Court “C”, His Honor Yamie Quiqui Gbeisay, Sr., on a petition for summary proceeding filed by appellant herein against Stipendiary Magistrate Ernest P.F. Bana of the Brewerville Magisterial Court. The genesis of this case, as revealed by the certified records before this Court, shows that on July 22, 2019, Becca Mulbah was charged by the Brewerville Magisterial Court with the commission of the Crimes of Burglary and Theft of Property valued at Forty-Seven Thousand, Three Hundred Fifteen United States (US$47,315.00) Dollars base on a complaint filed by Theophilus Kiadii by and through Republic of Liberia. Upon her arrest and arraignment for Read more →
The Management of Omega Insurance vs. Otis Gbala (02/07/2024)
On July 27, 2018, the appellee, Mr. Otis S. Gbala, filed a complaint of Wrongful Dismissal with the Ministry of Labor alleging, among other things, that he was employed with the appellant, OMEGA Insurance Company on September 2, 2013 as IT Technician; that he served appellant with dedication and commitment with no record of warning or suspension and received awards, bonuses, promotion and salary increment for excellent performance in the capacity as IT Technician; that despite his proven commitment to appellant, Mr. Gajay Ananaba, Chief Operations Officer of appellant, constantly subjected him to harassment and intimidation that led to his dismissal; that on April 24, 2018, appellant complained him to the Liberia National Police Intelligence Unit for what Read more →
Johnny Hill, Jr. vs. The Republic of Liberia (02/07/2024)
The Revised Rules of the Supreme Court Rule IV Part 6 (c) provides in part that “If a party appears, and the other party does not appear, but filed a brief, the Court will proceed to hear the argument of the party appearing, and renders its decision on the basis of the briefs filed and the argument of the party appearing…”. When this case was called for hearing, the appellee’s counsel announced representation and the Court notes that the appellant was not represented by counsel. Upon inquiry, the Marshall informed the Court that his office served the notice of assignment on the appellant himself. When the Court enquired of the appellant, he informed the Court that his previous lawyer Read more →
Juah S. Dennis vs. NEC and Mr. Thomas Goswell II (01/17/2024)
On October 17, 2023, the appellant herein, the Unity Party by and through its Secretary General, Mr. Thomas A. Nimely of the Grand Bassa Chapter, along with its Electoral District #5 representative candidate, Juah Dennis, filed with the Election Magistrate of Grand Bassa County a complaint of elections’ irregularities. The complaint substantially alleged that while voters were in the queue to cast their ballots at Polling Precinct #: 09013, the Presiding Officer (PO) ordered the poll closed by 6:00 pm, which deprived voters of their rights to vote. Additionally, there were lots of discrepancies on the Representative Record of the Counts during the tallying process at Polling Precinct#s 09007 and 09009. The appellant therefore requested that a re-run be ordered at Polling Precinct #: 09013-Zondo Town Public School and a re-count at Polling Precinct #s: 09007-LIBINC Old Palava Hut and 09009-Behn Town Palava Hut, in Electoral District #5, Grand Bassa County. The complaint is here under quoted verbatim Read more →
THE CAMPAIGN TEAM OF MR. JULIUS K. KANOUBAH VS. HIS HONOR JOSEPH N. NAGBE & THE PRESS UNION OF LIBERIA (12/19/2023)
This Bill of Information finds its genesis in an action of Declaratory Judgment and its accompanying petition for preliminary injunction filed before the trial court by the informant, the Campaign Team of Mr. Julius Kanubah of the Press Union of Liberia 2022 election by and thru Mr. Raymond Zarbay, et al. The gravamen of that declaratory judgment suit is that one of the respondents, the administration of the Press Union of Liberia headed by Atty. Ade Wede Kerkula committed various irregularities leading to the conduct of the Press Union of Liberia 2022 elections in violation of the Press Union of Liberia’s constitution. The informant, therefore, prayed that the trial court declare their rights and enjoin and restrain the respondent's elections commission from further proceeding with the conduct of the elections until the determination of the action of declaratory judgment Read more →
Moivamba Fofana et al vs Alhaji Kalamo Fofana (12/19/2023)
On the 10th day of January, A.D. 2014, the appellee, Alhaji Kalamo Fofana, instituted an action of ejectment by and thru his attorney-in-fact, Mohammed Fofana, against the defendants, Moivamba Fofana, James Fofana, Emmanuel B. Nyenswa, the Management of Tohnlo Women & Youth Training Empowerment Program and Siemon Weah substantially alleging that the appellee is owner of one acre of land lying and situated at the City of Paynesward, now Paynesville, Montserrado County which he acquired through an honorable purchased on the 28th day of April, A.D. 1979 from Leona Lloyd; that in 1994, he entrusted his title deed to Moivamba Fofana, 1st appellant herein, who the appellee knew and aided while he (the 1st appellant) was in school and at the time of entrusting him with the deed, he was a custom officer of the Ministry of Finance assigned at the Freeport of Monrovia; that he (the appellee) later found out that the 1st appellant was constructing on the land and had sold portion to other defendants; that the appellee Read more →
CHURCH OF CHRIST OF LATTER DAY SAINT VS. INTESTATE ESTATE OF JOSEPH V. GAYE SR. (12/19/2023)
On the 18th day of May 2020, the Intestate Estate of Joseph V. Gaye, Sr. by and thru its Administrators/Administratrix Stanton V. Gaye, Victoria D. Gaye, George Giah, and Sammie Peter Paul, appellee herein instituted an action of Ejectment against The Church of Jesus Christ of Latter-Day Saint represented by its authorized representatives, defendant, in the Sixth Judicial Circuit, Civil Law Court for Montserrado County. The appellee withdrew and amended its complaint on June 5, 2020. The appellee alleged in its amended complaint, amongst other things, that the appellee is the Read more →
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 Read more →
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; Read more →
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 Read more →
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 Read more →
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 Read more →
Lamine Bonokai et al vs Bishop Fungbeh Kiamu (08/11/2023)
This appeal grows out of a final ruling of the Sixth Judicial Circuit for Montserrado County in an action of ejectment filed by Bishop Fungbeh Kiamu, appellee, against several defendants, namely: Lamei Bonokai, William Mator, Jackson Quashed, Ma Sonny, Taku Jil, Sensee Elijah, Anthony Daniel and Papa Korkor, now appellants. The records show that after pleadings rested, the law issues disposed of and a regular jury trial had, the jury returned a unanimous verdict of liable against the appellants which verdict was confirmed by the trial court in its final ruling rendered on May 31, 2018. The appellants noted exceptions on the record, announced appeal and perfected same for an appellate review. It is worth noting that on appeal, this case was first called for hearing on November 17, 2020, the appellants requested continuance on ground that the counsel retained to represent them before this Court had conflict of interest. Similar request was made and granted on May 4, 2021 thereby abating the hearing of this appeal in two successive terms of court. When this matter was again assigned for hearing on May 18, 2023, the appellants have again assigned the same reason for failing to file a brief and to appear for argument of the case. This Court viewed the act of the appellants as a dilatory Read more →
Johnetta Pinky Abou vs Republic of Liberia (08/11/2023)
On September 10, 2018, the Grand Jury for Montserrado County sitting in its August Term, returned a true bill charging the appellant, Johnetta Pinky Abu with the crime of murder, a felony of first degree. The indictment averred as follows: “ INDICTMENT The Grand Jurors for Montserrado County, Republic of Liberia, upon their oath do hereby find, more probably than not that defendant Johnetta Pinky Abu, Intentionally, willfully, purposely and knowingly and with malice, committed the crime of Murder a felony of the first degree to wit: 1. That during the evening hours to Thursday June 14, 2018, the late Morris Johnson and the Defendant Johnetta Pinky Abu along with one Genevie were together at a local entertainment center, Pepper Read more →
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 Read more →
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 Read more →
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:- Read more →
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 Read more →
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. Read more →
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: Read more →
Boyce v. Boyce(05/19/2023)
MR. JUSTICE KABA DELIVERED THE OPINION OF THE COURT On April 19, 2021, Mr. L. Olando Boyce, appellee herein, filed before the Sixth Judicial Circuit for Montserrado County a nineteen-count petition for custody of his three minor children against his divorced wife, Mrs. Weemon J. Cole-Boyce, appellant. The petition alleged, inter alia, that during the life of their marriage, they were blessed with four children: L. Olandor Boyce, II (19), Mathias O. Boyce (14), Treasure O. Boyce (9) and Milton O. J. Boyce (6); that on August 16, 2019, the said circuit court declared their marriage dissolved, annulled and cancelled on ground of incompatibility of temper without a contest after the parties agreed to a divorce settlement agreement executed on July 26, 2019; that the divorce settlement agreement (DSA) provides that the parties will have legal custody of the children, however, by virtue of being the custodial parent of the children, the appellant will have the right to remain in and enjoy the privilege of staying in the marital home; that said privilege shall cease or terminate when (a) all of the children have attained Read more →
DAVID GOTOBA V. LBDI MOTION TO DISMISS APPEAL (04/12/2023)
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. Further, a failure to comply with any of the mandatory jurisdictional steps outlined under Civil Procedure Law Revise Code:1: 51.4 is a ground for dismissing an appeal. Catakaw et al v. Karweh, Supreme Court Opinion, March Term, A.D. 2010, Sheriff v. Parwon et al, Supreme Court Opinion, March Term, A.D. 2015, Mr. Jaimanie F. Tyler v. Mr. Lincoln Davis, Supreme Court Opinion, October Term, A.D. 2019, Intestate Estate of T. Q. Harris v. Alex Mulbah et al, Supreme Court Opinion, October Term, A.D. 2019, Esther Yeanay Barkpei v. Joseph L. Tompoe, Supreme Court Opinion, March Term, A.D. 2020, Trosteen MoKollie v. The Management of Lonestar Cell/MTN, Supreme Court Opinion, October Term, A.D. 2021. Read more →
VARNEY ARTHUR YENGBEH, JR. V. SANDO KIAZOLU ET AL (01/26/2023)
Our Distinguished Colleague, former Associate Justice Philip A. Z. Banks, III, whose chambers ruling is now on appeal, re-accentuated the diligence and tact our courts must demonstrate in cases that result into the possibility of loss of human life and real property as follows: Read more →
JOSEPH FEAHN V. HER HONOR MARDEA T. CHENOWETH ET AL (01/25/2023)
This appeal grows out of a consolidated final ruling of the 13th Judicial Circuit Court for Margibi County rendered on October 26, 2015 denying a motion for relief from judgment filed by the appellant, Joseph S. Feahn and granting a bill of information filed by the appellee, Emmanuel I. Shaw, II. Read more →
FAITH MISSION INTERNATIONAL V. INTESTATE ESTATE JAMES B. MARSHALL (01/25/2023)
On September 24, 2011, the Intestate Estate of James B. Marshall, appellee herein, instituted an action of ejectment against the Faith Mission International Church, appellant herein, for a piece of land lying and situated in Gardnersville, Montserrado County. The appellee alleged in its complaint that it initially filed an action of summary proceeding to recover possession of real property Read more →