Author: Flomo Wolobah

The Intestate of Gobbeh Kamara vs. The Intestate of J. Lamark Cox (11/28/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

28 Nov, 2023

The Intestate of Gobbeh Kamara vs. The Intestate of J. Lamark Cox (11/28/2023)

This motion to dismiss appeal emanates from a judgment rendered by the Sixth Judicial Circuit Court, Montserrado County on the 4th of April, 2022, denying a motion to intervene filed by the respondent herein against the movant in an ejectment action filed by the movant. The movant requests this Court to dismiss the appeal announced by the respondent from the said judgment on two grounds: that the respondent failed to superintend its appeal by failing to submit the certified copy of its records before this Court within the period of ninety (90) days as prescribed by Section 51.11 of the Civil Procedure Law; that up to the filing of this motion to dismiss appeal that the respondent has not still submitted its certified records before this Court and that the tax clearance attached to the respondent’s appeal bond expired on

Johnson Teah vs Philip Orega Awacotata and Sylvester (11/28/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

28 Nov, 2023

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;

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press Release / Recent Arguments

13 Nov, 2023

Judge Chineh Calls for Upholding Judicial Integrity as a Way of Rebranding the Judiciary

Monrovia- The Assigned Circuit Judge of the First Judicial Circuit Criminal Court “B” at the Temple of Justice, His Honor Nelson B. Chineh has called on justice actors to uphold the integrity of the Judiciary as a way of rebranding the Judiciary branch of government.
Judge Chineh delivering his charge at the opening of the November A.D. 2023 Term of Court, First Judicial Circuit, Montserrado County on Monday, November 13, 2023 asked how can we rebrand the image of the Judiciary without upholding the integrity of the Judiciary?

MADAM CHIEF JUSTICE YUOH’S OPENING ADDRESS FOR THE OCTOBER TERM, 2023 0

Chief Justice Address / Recent Arguments

9 Oct, 2023

MADAM CHIEF JUSTICE YUOH’S OPENING ADDRESS FOR THE OCTOBER TERM, 2023

Colleagues of the Bench
The Dean, and Gentlemen/Women of the Supreme Court Bar
Fellow Citizens
Distinguished Guests, Ladies and Gentlemen:

We will always give thanks to God, for He is good and His mercy endures forever. A testimony of this is our gathering in these sacred Chambers to once again conduct the Official Opening Ceremony of another term of Court, the October Term, A.D. 2023 of the Honorable Supreme Court, Republic of Liberia.

UNITY PARTY AND LIBERIA PEOPLE PARTY VS. THE NATIONAL ELECTIONS COMMISSION-PETITION FOR WRIT OF MANDAMUS (10/06/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

6 Oct, 2023

UNITY PARTY AND LIBERIA PEOPLE PARTY VS. THE NATIONAL ELECTIONS COMMISSION-PETITION FOR WRIT OF MANDAMUS (10/06/2023)

The conduct of free, fair and credible elections is the bedrock of all democracy. It is the process by which a nation and a people determine who will and who should govern and direct the course of their lives for a given period of time, especially as provided for by the highest law of their land—the Constitution. Through elections, the people manifest their desire for a civilized and democratic order. These objectives were not lost by the framers of our Constitution, adopted in 1984 and with an effective date of January 6, 1986, when they crafted these words: “All power is inherent in the people. All free governments are instituted by their authority and for their benefit and they have the right to alter and reform the same when their safety and happiness so require. In order to ensure democratic government which responds to the wishes of the governed, the people shall have the right at such period, and in such manner as provided for under this Constitution, to cause their public servants to leave office and to fill vacancies by regular elections and appointments [Emphasis ours].

The Liberian Constitution of 1986 effectuates this vision, a democratic constitutional

Thomas Nimene Tweh vs. Siah Jarmie Tandapolie (10/05/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

5 Oct, 2023

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

UNITY PARTY V. NEC-Violation of Section 4.1(2) of Elections Law (1)a2 (2) (10/05/2023) 0

2023 Dissenting Opinions / Justice Wolokollie

5 Oct, 2023

UNITY PARTY V. NEC-Violation of Section 4.1(2) of Elections Law (1)a2 (2) (10/05/2023)

The Court has held that the function of the Judiciary is to interpret the law as it is written. This Court has been called upon by the Unity Party, appellant, to determine whether the National Elections Commission (NEC), appellee has violated Chapter 4, entitled “Conduct of Elections”, particularly Section 4.1(2) with respect to the number of registered voters in a precinct. Section 4.1 (2) of the New Elections Law as amended in 2016 reads:

“The number of registered voters in every precinct shall be approximately equal, and unless the Commission in any particular case so determines, the number of registered voters in any precinct shall not exceed three thousand (3000).”

The Unity Party complained to the NEC that 93 voting precincts in nine counties constituting

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