Category: 2023 Opinions

Mrs. Warti Nancy Robinson-Bility vs. Mr. Sidikie Musa Bility (08/11/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

11 Aug, 2023

Mrs. Warti Nancy Robinson-Bility vs. Mr. Sidikie Musa Bility (08/11/2023)

The appellee Sidike Musa Bility and the appellant Warti Nancy Robinson-Bility were husband and wife, who during the pendency of their marital relationship begot two children; namely, Al-Hussein Bility and Sidike Bility, who are minors. On May 5, 2021, the Civil Law Court, Sixth Judicial Circuit, based on an Action of Divorce for Incompatibility of Temper filed by the appellee, entered a decree dissolving the marriage between the appellee and the appellant. The instant appeal emanates from the granting of permanent custody of the two minor children begotten out of the marriage to the appellee Sidike Musa Bility.
The certified records reveal that while the divorce proceedings between the parties was pending before the Civil Law Court, the appellee filed a motion for temporary custody, praying the court to grant unto him temporary custody of the two minor children pending the final disposition of the divorce proceedings. The appellee contended in his motion that his request for

Johnetta Pinky Abou vs Republic of Liberia (08/11/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

11 Aug, 2023

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

Varfin Kenneh v. Jallah Boi et al (08/11/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

11 Aug, 2023

Varfin Kenneh v. Jallah Boi et al (08/11/2023)

This case is before us on appeal from a ruling rendered by the Sixth Judicial Circuit, Civil Law Court, Montserrado County, against the appellant Varfin Kenneh. The appellant challenges the lower court’s ruling, averring that the court overlooked material facts in the case, and has petitioned this Court to overturn the ruling and enter the ruling that ought to have been rendered by the court below.

The salient facts that are crucial to the determination of this matter are that on March 6, 2019, the appellant Varfin Kenneh, by and through his Attorneys-in-Fact, Foday Kenneh and Mohammed Kenneh, filed an action of ejectment before the Sixth Judicial Circuit, Civil Law Court, Montserrado

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

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