Category: 2023 Opinions

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

Boyce v. Boyce(05/19/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

19 May, 2023

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

INTESTATE ESTATE OF EDMUND CISCO V. MOUNT SANAI (05/19/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

19 May, 2023

INTESTATE ESTATE OF EDMUND CISCO V. MOUNT SANAI (05/19/2023)

The facts as the certified records reveal are that the late Edmond D. Cisco purchased a half (1/2) lot of land lying and situated in Larkpazee community, Sinkor, Monrovia from Africanus L.M. Mapleh in 1974. Edmond D. Cisco died intestate and upon his death, one of the six children born out of his body, Joshua Cisco, obtained Letters of Administration from the Monthly and Probate Court for Montserrado County authorizing him to administer the intestate of his late father. The said letters of administration was issued to Joshua Cisco on September 13, 2017. Based on the authority conferred on him as administrator of the intestate estate of Edmond D. Cisco, Joshua Cisco obtained Court’s Decree of Sale and thereafter conveyed the half (1/2) lot of land acquired by the late Edmond D. Cisco in 1974 to the appellee herein, Mount Sanai Tabernacle. This conveyance was made on August 14, 2018, and an Administrator’s Deed issued as evidence thereof.

JAMES KESSELEY Vs. RL(05/19/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

19 May, 2023

JAMES KESSELEY Vs. RL(05/19/2023)

On November 30, 2012, the grand jury of Montserrado County sitting in its November Term A.D. 2012 indicted James Kesselly, the appellant herein, for the crime of murder. The indictment alleged that on the 4th day of November, A.D. 2012, in the Rocksprings Valley Community, City of Monrovia, Montserrado County, Republic of Liberia, the appellant with criminal mind and wicked intent, purposely, knowingly, willfully, recklessly and criminally committed the crime of murder; that the appellant was the boyfriend of the victim, Marwoi James, also of the City of Monrovia, Montserrado County, Liberia. The indictment alleged that while the victim and the appellant were in bed, the appellant stabbed the victim across her breasts and she sustained a deep cut across her left breast about five centimeters long, allegedly by a sharp knife; that the victim began to bleed profusely and was rushed to the JFK Medical Center where she was pronounced dead by medical practitioners at

NAJIB KAMAND VS. DING SHU JUN(04/19/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

19 Apr, 2023

NAJIB KAMAND VS. DING SHU JUN(04/19/2023)

This Court en banc has been called upon to review the decision of our distinguished colleague, Madam Justice Jamesetta Howard-Wolokolie, when she presided in Chambers during the March A.D. 2022 Term of this Court. The records of this case show that on December 17, 2020, Ms. Ding Shu Jun, also referred to as “Nancy Chinese Lady”, the appellee herein, filed an action of debt by attachment in the Debt Court of Montserrado County, against Mr. Najib Kamand (Labanese Businessman), the appellant herein, also of the City of Monrovia, Montserrado County, Liberia. The appellee alleged that she loaned the appellant the total amount of Nine Hundred Thousand United States Dollars (US$900,000.00) in two tranches of Six Hundred Thousand United States Dollars (US$600,000.00) and Three Hundred Thousand United States Dollars (US$300,000.00) respectively, on different dates and times, for the purpose of aiding the appellant in improving his business which, according

DAVID GOTOBA V. LBDI MOTION TO DISMISS APPEAL (04/12/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

12 Apr, 2023

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.

THE INTESTATE ESTATE OF AB MARS V. ALEXANDER FREEMAN (04/12/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

12 Apr, 2023

THE INTESTATE ESTATE OF AB MARS V. ALEXANDER FREEMAN (04/12/2023)

This motion to dismiss presents a single issue for our determination viz.: whether or not an appeal is dismissible for failure of the appellant to transcribe the records to this Court.
The Supreme Court has opined in numerous of its Opinions that where a motion to dismiss an appeal is presented for determination, the Supreme Court is estopped from entering upon the records to make any determination of the substantive issues on appeal; that even in instances where the Court elects to consolidate the motion to dismiss the appeal with the main appeal, the Court must first determine the justifiability of the contention(s) presented in the motion; except the Court determines that the contentions are not tenable for the dismissible of the appeal, it cannot proceed to make determination of the appeal on

NYONBLEE KARNGA-LAWRENCE ET. AL. VS. MUSA HASSAN BILITY ET. AL (04/12/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

12 Apr, 2023

NYONBLEE KARNGA-LAWRENCE ET. AL. VS. MUSA HASSAN BILITY ET. AL (04/12/2023)

This appeal emanates from the ruling of our astute colleague, His Honor Yussif D. Kaba, when he served as Chambers Justice during the October A.D. 2022 Term of this Court. Mr. Justice Kaba delivered an exhaustive ruling in favor of the Petitioners for the Writ of Certiorari, Mr. Musa Hassan Bility, Martin F. Kollah, et al of the Liberty Party, appellees herein, against the National Elections Commission (NEC), Senator Nyonblee Karnga-Lawrence, Emmanuel Azango et al, appellants herein, which this Court en banc has been

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