Category: Justice Kaba

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

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

Saah James vs. Republic of Liberia (07/05/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

5 Jul, 2023

Saah James vs. Republic of Liberia (07/05/2023)

On the 16th day of September, 2011, the Grand Jury for Montserrado County sitting in its August Term returned a true bill charging Saah James, appellant herein and one Robert to be identified for the commission of the crime of criminal attempt to commit murder, a felony of the second degree. We quote verbatim the indictment as follows:
“ The grand jurors for Montserrado County, Republic of Liberia, upon their oath do hereby find, more probably than not, that the defendants, Saah James and Robert to be identified, committed the crime of criminal attempt to commit murder, a felony of second degree, to wit:-

J J Warrabi vs. The heirs of the late Gabriel L. Dennis (07/05/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

5 Jul, 2023

J J Warrabi vs. The heirs of the late Gabriel L. Dennis (07/05/2023)

On January 5, 1996, the appellant, J. J. Wariebi, Sr. commenced an action of ejectment against the appellee, the heirs of the late Gabriel L. Dennis, before the Sixth Judicial Circuit, Civil Law Court for Montserrado County. The appellant’s complaint alleged that on January 13, 1989, he acquired a parcel of land from the Intestate Estate of G. Kofa Nagbe by and thru its Administrator, John T. G. Nagbe, as evidence by exhibit “A” attached to the complaint, which is a copy of an administrator’s deed containing twenty acres of land backed by a public land sale deed dated March 11, 1911 in favor G. Kofa Nagbe; that realizing that the appellees are occupying the said property without his consent, he gave them notice to vacate; that upon receipt of the notice to vacate, the appellees, through their counsel, requested a meeting which yielded no result; and that the appellees’ wrongful withholding of his property has caused him mental anguish, hardship and damages. The appellant therefore prayed the trial court to oust, evict and eject the appellees from his property and grant unto the appellant any other relief the court deems just

LPRC v. Elizabeth Matu Tubman (05/19/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

19 May, 2023

LPRC v. Elizabeth Matu Tubman (05/19/2023)

On June 28, 2018, the Appellee, Mrs. Elizabeth Matu Tuman-White, filed a complaint with the Ministry of Labor alleging, among other things, that she was employed with the Liberia Petroleum Refining Company, appellant, on September 15, 2009, as the director of finance; that she was later promoted to the position of financial comptroller by the Board of Directors through its Secretary Mr. T. Nelson Williams; that as the financial comptroller, she earned a monthly salary of US$6,537.00; that she obtained a vehicle through the management car loan policy that she is paying against by monthly salary deduction; that on January 24, 2018, about one year before her retirement, the administrative manager of the appellant informed her, via telephone, of her dismissal based on a directive of the Ministry of State for Presidential Affairs; and that her verbal termination and the seizure of her vehicle amount to wrongful dismissal/unfair labor practice.

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:

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

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.

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