Tagged: Motion to dismiss

NPA v. James R. Bernard, Gabriel Bull, et. al. (12/19/2024) 0

2024 Opinions / Justice Kaba / Recent Decisions

19 Dec, 2024

NPA v. James R. Bernard, Gabriel Bull, et. al. (12/19/2024)

It is the law that “when actions involving a common question of law or fact are pending before a court of record, the court, upon motion of any party or sua sponte, may order a joint trial of any or all the matters in issue or the consolidation of the actions; and it may make such other orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Civil Procedure Law, Revised Code 1:6.3; also see the case: Attorney Garrison Doldeh Yearlu, Jr. et al., v. The Executive Branch of Government, Supreme Court Opinion, March Term, A.D. 2024.

Republic of Liberiav. Maria Lyuken (12/19/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

19 Dec, 2024

Republic of Liberiav. Maria Lyuken (12/19/2024)

In this motion to dismiss, the Republic of Liberia, movant herein has prayed this Court to dismiss the respondent’s appeal on grounds that the said appeal is premature and violates our Criminal Procedure Law. We take recourse to the records to make a just determination based on the facts and circumstances herein.

The facts relevant to this case as seen from the culled records before this Court reveal that this case originated from the First Judicial Circuit, Criminal Court Assize “B” for Montserrado County. The movant, plaintiff below filed a criminal action for trafficking in persons against three defendants. After

Intestate Estate of Abraham Jalloh v. CHICO (08/28/2024) 0

2024 Opinions / Justice Yuo / Recent Decisions

28 Aug, 2024

Intestate Estate of Abraham Jalloh v. CHICO (08/28/2024)

This appeal presents a question of whether the Sixth Judicial Circuit, Civil Law Court, has subject matter jurisdiction over an action of wrongful death, where the said death resulted from occupational injury; and, the applicable laws viz.: the “Decent Work Act” vis-a-vis the “Private Wrongs Law”.

The records show that on August 17, 2022, the appellee herein, CHICO Company, filed a petition for the writ of prohibition before Madam Justice Jamesetta H. Wolokolie, the Associate Justice presiding in the Chambers of the Supreme Court for the March Term, A. D. 2022. Following a conference with the parties, the Justice ordered

SUSAN F. COOPER & HENRY ERIC COOPER vs. MONIQUE C. COOPER (05/23/2024) 0

2024 Opinions / Justice Yuo / Recent Decisions

23 May, 2024

SUSAN F. COOPER & HENRY ERIC COOPER vs. MONIQUE C. COOPER (05/23/2024)

The present motion to dismiss appeal emanates from a final ruling rendered on May 16, 2023, by Judge Necular Y. Edwards of the Monthly and Probate Court for Montserrado County, wherein he declared the Intestate Estate of Henry Ford Cooper closed and the properties apportioned among the beneficiaries.

The movant herein, Cllr. John Wleh Togba, the Attorney-in-Fact for Susan F. Cooper and Henry Eric Cooper, Co-Administrators Cum Testamento Annexo of the Intestate Estate of Henry Ford Cooper, alleged that the respondent herein, Monique C. Cooper, also one of the Co-Administrators Cum Testamento Annexo of the Intestate Estate of Henry Ford

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

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.

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

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

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.

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:

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