Category: Justice Kaba

THE CAMPAIGN TEAM OF MR. JULIUS K. KANOUBAH VS. HIS HONOR JOSEPH N. NAGBE & THE PRESS UNION OF LIBERIA (12/19/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

19 Dec, 2023

THE CAMPAIGN TEAM OF MR. JULIUS K. KANOUBAH VS. HIS HONOR JOSEPH N. NAGBE & THE PRESS UNION OF LIBERIA (12/19/2023)

This Bill of Information finds its genesis in an action of Declaratory Judgment and its accompanying petition for preliminary injunction filed before the trial court by the informant, the Campaign Team of Mr. Julius Kanubah of the Press Union of Liberia 2022 election by and thru Mr. Raymond Zarbay, et al. The gravamen of that declaratory judgment suit is that one of the respondents, the administration of the Press Union of Liberia headed by Atty. Ade Wede Kerkula committed various irregularities leading to the conduct of the Press Union of Liberia 2022 elections in violation of the Press Union of Liberia’s constitution. The informant, therefore, prayed that the trial court declare their rights and enjoin and restrain the respondent’s elections commission from further proceeding with the conduct of the elections until the determination of the action of declaratory judgment

Moivamba Fofana et al vs Alhaji Kalamo Fofana (12/19/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

19 Dec, 2023

Moivamba Fofana et al vs Alhaji Kalamo Fofana (12/19/2023)

On the 10th day of January, A.D. 2014, the appellee, Alhaji Kalamo Fofana, instituted an action of ejectment by and thru his attorney-in-fact, Mohammed Fofana, against the defendants, Moivamba Fofana, James Fofana, Emmanuel B. Nyenswa, the Management of Tohnlo Women & Youth Training Empowerment Program and Siemon Weah substantially alleging that the appellee is owner of one acre of land lying and situated at the City of Paynesward, now Paynesville, Montserrado County which he acquired through an honorable purchased on the 28th day of April, A.D. 1979 from Leona Lloyd; that in 1994, he entrusted his title deed to Moivamba Fofana, 1st appellant herein, who the appellee knew and aided while he (the 1st appellant) was in school and at the time of entrusting him with the deed, he was a custom officer of the Ministry of Finance assigned at the Freeport of Monrovia; that he (the appellee) later found out that the 1st appellant was constructing on the land and had sold portion to other defendants; that the appellee

CHURCH OF CHRIST OF LATTER DAY SAINT VS. INTESTATE ESTATE OF JOSEPH V. GAYE SR. (12/19/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

19 Dec, 2023

CHURCH OF CHRIST OF LATTER DAY SAINT VS. INTESTATE ESTATE OF JOSEPH V. GAYE SR. (12/19/2023)

On the 18th day of May 2020, the Intestate Estate of Joseph V. Gaye, Sr. by and thru its Administrators/Administratrix Stanton V. Gaye, Victoria D. Gaye, George Giah, and Sammie Peter Paul, appellee herein instituted an action of Ejectment against The Church of Jesus Christ of Latter-Day Saint
represented by its authorized representatives, defendant, in the Sixth Judicial Circuit, Civil Law Court for Montserrado County. The appellee withdrew and amended its complaint on June 5, 2020. The appellee alleged in its amended complaint, amongst other things, that the appellee is the

MR. QUANUQUANEI KARMUE VS NATIONAL ELECTIONS COMMISSION AND WOMBA (12/07/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

7 Dec, 2023

MR. QUANUQUANEI KARMUE VS NATIONAL ELECTIONS COMMISSION AND WOMBA (12/07/2023)

Once again, this Court has been called upon to decide an election controversy growing out of the October 10, 2023 Presidential and Legislative Elections, which this time originates from Electoral District #4, Upper Bong County. The appeal in this case is taken from the final ruling by the Board of Commissioners (BOC) of the National Elections Commission, which confirmed the ruling of the Hearing Officer, also of the National Elections Commission.

The records transmitted to this Court reveal that the Appellant, Quanuquanei Alfred Karmue, through his Campaign Chairwoman, Sannie Suokollie, filed a complaint on October 13, 2023, with the Senior Elections Magistrate of the National Elections Commission stationed in Upper Bong County, in which he levied a series of allegations against the NEC Staff who conducted the Representative Elections for District 04, Voting Precinct no. 6004, Belefanai Administrative Building. In the said letter of complaint, the complainant alleged that throughout Election Day, October 10, 2023, a certain individual, fraudulently wearing a NEC vest, intimidated voters to vote for Candidate Robert Flomo Womba, 2nd Appellee herein. In addition, the complaint alleged the individual who admitted that he did not have an NEC identification was allowed by the NEC staff to continue to permit voters into Room 1, unmonitored, after the voting time

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;

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

HUSSEIN SEIMAVULA vs BINTU MANSARAY-SUPREME COURT FINAL (09/06/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

6 Sep, 2023

HUSSEIN SEIMAVULA vs BINTU MANSARAY-SUPREME COURT FINAL (09/06/2023)

As part of the democratic sphere of Liberia, the Liberian Constitution, adopted by the citizens of Liberia at a Referendum in 1984 and which became effective on January 6, 1986, with the inauguration of the new civilian constitutional government, provides at Chapter VIII, Article 83(a) that the Liberian nation-state will conduct every six (6) years, throughout the Republic, elections for the “President, Vice-President, members of the Senate and members of the House of Representatives”, same to be carried out “on the second Tuesday in October of each election year.” In effectuation of this mandate, the Constitution further provides, at Chapter X, Article 89(b) that there shall be an Elections Commission which shall be charged with the responsibility of conducting the said elections, and it vest in the Legislature the prerogative to enact the Elections Laws to govern the electoral process and the conduct of the said elections

Roosevelt Demann vs Republic of Liberia (08/11/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

11 Aug, 2023

Roosevelt Demann vs Republic of Liberia (08/11/2023)

The Liberian Constitution at Article 21 enumerates rights guarantee to all persons accused of committing offenses against the Republic irrespective of the ghastly nature of the offenses. Of relevance to this appeal prosecuted by Roosevelt Demann, appellant convicted in the court below of the crime of murder, a felony of the first degree, is Article 21(h) which provides as follows:
“No person shall be held to answer for a capital or infamous crime except in case of impeachment, cases arising in the Armed Forces and petty offenses, unless upon indictment by a Grand Jury and in all such cases, the accused shall have the right to a speedy, public and impartial trial by a jury of the vicinity, unless such person shall with appropriate understanding, expressly waive the right to a jury trial. In all criminal cases, the accused shall have the right to be represented by counsel of his choice, to confront witnesses against him and to have compulsory process for obtaining witnesses in his favor. He shall not be compelled to furnish evidence against himself and he shall be presumed innocent until the contrary is proved beyond a reasonable doubt

Lamine Bonokai et al vs Bishop Fungbeh Kiamu (08/11/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

11 Aug, 2023

Lamine Bonokai et al vs Bishop Fungbeh Kiamu (08/11/2023)

This appeal grows out of a final ruling of the Sixth Judicial Circuit for Montserrado County in an action of ejectment filed by Bishop Fungbeh Kiamu, appellee, against several defendants, namely: Lamei Bonokai, William Mator, Jackson Quashed, Ma Sonny, Taku Jil, Sensee Elijah, Anthony Daniel and Papa Korkor, now appellants. The records show that after pleadings rested, the law issues disposed of and a regular jury trial had, the jury returned a unanimous verdict of liable against the appellants which verdict was confirmed by the trial court in its final ruling rendered on May 31, 2018. The appellants noted exceptions on the record, announced appeal and perfected same for an appellate review. It is worth noting that on appeal, this case was first called for hearing on November 17, 2020, the appellants requested continuance on ground that the counsel retained to represent them before this Court had conflict of interest. Similar request was made and granted on May 4, 2021 thereby abating the hearing of this appeal in two successive terms of court. When this matter was again assigned for hearing on May 18, 2023, the appellants have again assigned the same reason for failing to file a brief and to appear for argument of the case. This Court viewed the act of the appellants as a dilatory

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

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