Category: Justice Gbeisay

ISSAC B ROLAND VERSUS JOSRPH ALLISON AND AUSTIN B TAYLOR (11/28/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

28 Nov, 2023

ISSAC B ROLAND VERSUS JOSRPH ALLISON AND AUSTIN B TAYLOR (11/28/2023)

This case is before us on appeal taken from the Ruling of the Board of Commissioners (BOC) of the National Elections Commission (NEC) wherein the Board of Commissioners confirmed the Ruling of the Hearing Officer of the NEC dismissing the complaint filed before the NEC by the Appellant herein. In his complaint, filed on October 13, 2023 before the Electoral Magistrate for Maryland County, the appellant, a candidate fielded under the ticket of the Coalition for Democratic Change (CDC), raised a single act of irregularity by the NEC staff stationed at the polling centers, that is, that his poll watchers were asked out of six vote counting facilities, thus depriving them of access to the vote counting process at those centers and the right to participate in the process. He therefore requested that there be a recount at the six centers named in his complaint. For the benefit of this Opinion and the determination of the correctness or error allegedly made by the Board of Commissioners in confirming the Ruling of the Hearing Officer, we quote the appellant’s complaint in its entirety verbatim, as follows:

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

UNITY PARTY V. NEC-Violation of Section 4.1(2) – 3 (2) (10/05/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

5 Oct, 2023

UNITY PARTY V. NEC-Violation of Section 4.1(2) – 3 (2) (10/05/2023)

This Court has been called upon by the Unity Party, Appellants, to determine whether the National Elections Commission, Appellee has violated Chapter 4, entitled “Conduct of Elections”, particularly Section 4.1(2) of the New Elections Law with respect to the number of registered voters in a voting precinct.

Before proceeding into the allegations laid in the Complaint by the complainant, the Court will undertake a brief historical review of section 4.1(2). Pursuant to a mandate that devolved upon it, the Legislature in 1986 enacted the New Elections Law, which provided at Section 4.1(2) that the number of registered voters in any precinct shall not exceed 1000. In 2004, the National Transitional Legislative Assembly amended this section by the Elections Act of 2004, approved December 17, 2004. As amended, the Act provides that:

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

WISSEDI SIO NJOH VS. INTESTATE ESTATE OF C. HARRY GBESI (08/11/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

11 Aug, 2023

WISSEDI SIO NJOH VS. INTESTATE ESTATE OF C. HARRY GBESI (08/11/2023)

This case is before us on appeal from the ruling of the Judge of the 13th Judicial Circuit, Margibi County, sitting in its February Term, A.D. 2020, in which she confirmed the verdict of liable returned by the trial jury against the Defendants, with general damages of Two Hundred Fifty Thousand United States Dollars (US$250,000.00) and special damages of Twenty Five Thousand United States Dollars (US$25,000.00) in favor of the Plaintiff. The certified records revealed that the Defendants excepted to the court’s final ruling and announced its appeal to this Court sitting in its October Term A.D. 2020.
The events out of which these appeal proceedings grew, as certified in the transmitted records reveal that on April 15, 2019, during the February Term of court, 2019 of the 13th Judicial Circuit, Margibi County, the appellee, plaintiff in the court below, the Intestate Estate of C. Harry Gbesi, represented by and through its administrator, H. Williams Choloply of the City of Kakata, Margibi County, instituted an ejectment action against the defendants, Wissedi Sio Njoh and all persons under her authority, appellants herein.
In a nine-count complaint, the appellee alleged that it is the owner of nine hundred seventy-five (975) acres of land situated and located in Charlesville, Marshall, Margibi County

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,

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,

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

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.

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