Category: 2024 Opinions

Morris Kiazolu et al. v. Republic of Liberia (02/07/2024) 0

2024 Opinions / Justice Yuo / Recent Decisions

7 Feb, 2024

Morris Kiazolu et al. v. Republic of Liberia (02/07/2024)

The records certified to this Court show that this appeal emanates from the First Judicial Circuit, Criminal Assizes “A” when the Grand Jury for Montserrado County presented an indictment charging the appellants, defendants in the court below, with the commission of the crimes of criminal conveyance of land and criminal conspiracy.
In commencing our review of the merits of this appeal, we take judicial notice of historical facts, recalling the alarming rate of disputes involving real property that not only flooded the dockets of courts of this Republic, but also incited the increase in other violent crimes in society as a result of land dispute. The Legislature taking cognizance that land-based disputes throughout Liberia, particularly in urban areas, had escalated to a crisis point thereby making it difficult for institutions and courts established to deal with civil issues to adequately resolve these disputes as civil matters; and further noting that the illegal conveyance of real property had the propensity to undermine the peace,

Joseph Yuones and WACCO vs. His Honor James E. Jones, Judge Debt and Houssini (02/07/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

7 Feb, 2024

Joseph Yuones and WACCO vs. His Honor James E. Jones, Judge Debt and Houssini (02/07/2024)

This Court has been called upon to review and reverse the ruling of former Associate Justice, Philip A.Z. Banks III, then presiding in Chambers in an action of debt by attachment filed by Mohammed Housseini against WACCO by and thru its President Joseph H. Yuones and Joseph H. Younes and all authorized officers of the said corporation. The action was filed on July 13, 2015 before the Debt Court of Montserrado County. The Sheriff’s returns of July 28, 2015, on the writ of summons says that Joseph A. Yuones was not seen to be served and that the sheriff was told that he had travelled out of the country. The same returns was made August 11, 2015 to the effect that Mr. Joseph H. Younes was not seen to be served because he had travelled out of the country. The plaintiff made an application for resummons on July 30, 2015 and on July 31, 2015, the returns of the resummons also show that Mr. Joseph H. Yuones was not seen to be served.

Intestate Estate of Barzoe Tiapon vs. Intestate Estate of Marboe Tarr (02/07/2024) 0

2024 Opinions / Justice Yuo / Recent Decisions

7 Feb, 2024

Intestate Estate of Barzoe Tiapon vs. Intestate Estate of Marboe Tarr (02/07/2024)

This appeal emanates from the ruling of the Sixth Judicial Circuit, Civil Law Court, Montserrado County, on a motion to modify an arbitration award, filed by the present appellee, the Intestate Estate of Marboe Tarr and William C. Clarke by and thru its administratrix and administrators Tonia Carter Deableh, Arthur Utee Berrian and Varney D. Kerkula, against the present appellants, the Intestate Estate of Barzoe Tiapon, by and thru its administrators Nathan S. Karpo, Isaac K. Potter, and Joe Dixon, and the King Karnley Estate, in which final ruling, the trial Judge His Honor Scheaplor R. Dunbar ruled modifying the arbitration award as submitted by the board of arbitration and awarding all of the Six Hundred Twenty-Five (625) acres of land in contention to the appellee on the doctrine of superior title.
The facts as culled from the certified records show that on April 14, 2010, the Intestate Estate of Marboe Tarr and William Clarke, appellee, by and thru its administratrix and

Arah Kamara of the City of Monrovia vs. Republic of Liberia, by and thru Golda Baker and Hester Baker (02/07/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

7 Feb, 2024

Arah Kamara of the City of Monrovia vs. Republic of Liberia, by and thru Golda Baker and Hester Baker (02/07/2024)

This appeal emanates from the March 28, 2014, ruling of the Resident Judge of the First Judicial Circuit Court, Criminal Assizes “C”, His Honor A. Blamo Dixon, on a criminal indictment for theft of property against the appellant, Arah Kamara.

The records show that during the May Term of the First Judicial Circuit Court, 2010, the Grand Jury of Montserrado County indicted the appellant, defendant in the court below, for the crime of theft of property on complaint brought by and thru Mr. M. W. Goda Baker and Madam Hesta Baker, private prosecutor and prosecutrix, respectively, representing the Intestate Estate of Elizabeth Moore-Johnson.

The indictment alleged principally that in 1977 and thereafter, the private prosecutor and prosecutrix acquired five hundred (500) acres of land out of a total of eight hundred (800) acres of land from their grandmother, Elizabeth Moore Johnson, in lower Virginia, Montserrado County, Liberia; that their grandmother hired the services of Arah Kamara, the

Madam Ruth Sawmadal vs. NEC and Mr. Steve Tequiah (01/17/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

17 Jan, 2024

Madam Ruth Sawmadal vs. NEC and Mr. Steve Tequiah (01/17/2024)

This case came before this Court en banc for appellate review of the final ruling of the Board of Commissioners of the National Elections Commission (NEC), entered on December 23, 2023, dismissing the appellant’s appeal resulting from a complaint she filed before the Hearing Officer of NEC, praying for a total recount of votes cast from the Electoral District #2 of Rivercess County in the representative elections conducted on October 10, 2023 in Rivercess County, and affirmed the ruling of the Hearing Officer.
A review of the records in this case shows that twelve (12) candidates participated in the October 10, 2023 representative election in Electoral

Juah S. Dennis vs. NEC and Mr. Thomas Goswell II (01/17/2024) 0

2024 Opinions / Justice Kaba / Recent Decisions

17 Jan, 2024

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

Nimely J. Donyen vs. Sekou S. Kanneh (01/12/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

12 Jan, 2024

Nimely J. Donyen vs. Sekou S. Kanneh (01/12/2024)

This case comes before this Court en banc for appellate review from the final ruling of the Board of Commissioners of the National Elections Commission (NEC), entered on December 19, 2023, dismissing the appellant’s appeal, growing out of a complaint filed before the Hearing Officer of NEC, praying for a total recount of votes cast from the one hundred twenty-eight (128) polling places of the nineteen (19) voting precincts of Electoral District #2, Montserrado County, in the Presidential and Legislative Elections conducted in Montserrado County on October 10, 2023, and affirming the ruling of the Hearing Officer, Attorney S. Patterson Blamo.

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