Category: Justice Wolokollie

In Re Petitioner of Attorneys-at-Law for counsellorship (06/14/2024) 0

2024 Opinions / Justice Wolokollie / Recent Decisions

14 Jun, 2024

In Re Petitioner of Attorneys-at-Law for counsellorship (06/14/2024)

The New Judiciary Law, Section 17.6, states:

“Any attorney who has been actively engaged in the practice of law for five years may submit a petition to the Supreme Court showing his moral and professional qualifications for membership in the Bar of the Supreme Court and praying admission as a counsellor of that Court. The petition shall be supported by the affidavit of at least two practicing counsellors of the Supreme Court en banc in open court. If the Supreme Court accepts the petition, the Chief Justice shall appoint a committee of at least three counsellors of the Supreme Court

Louise C. Ngangana and Mansfield Wrotto vs. His Honor Judge Scheapolar R. Dunbar, and Evelyn Brown Moulton (06/14/2024) 0

2024 Opinions / Justice Wolokollie / Recent Decisions

14 Jun, 2024

Louise C. Ngangana and Mansfield Wrotto vs. His Honor Judge Scheapolar R. Dunbar, and Evelyn Brown Moulton (06/14/2024)

he facts as narrated by the Majority are that the late Joseph Karbar Levee Moulton married the appellee, Evelyn Brown Moulton, on February 25, 1989, in Monrovia Liberia; that on October 4, 2004, the deceased filed an action of divorce against the appellee for incompatibility of temper before the Civil Law Court, Sixth Judicial Circuit for Montserrado County. However, he did not pursue his divorce action and the case remained pending in the Civil Law Court up until his death in 2020. It is alleged that, after filing the divorce action against the appellee in the Civil Law Court, the

Layee Kromah vs. His Honor Yamie Quiqui Gbeisay, Sr. (05/23/2024) 0

2024 Opinions / Justice Wolokollie / Recent Decisions

23 May, 2024

Layee Kromah vs. His Honor Yamie Quiqui Gbeisay, Sr. (05/23/2024)

In the early part of 2021, the Co-respondent, Rev. Zeyou, alleged that he desired to buy a vehicle. In the process of locating one, he saw a Toyota Tacoma on display in a parking lot with the sign “For Sale” at Iron Factory. One Lasso Trawally appeared and introduced himself as the person in charge of the sale/seller. After some meetings and discussions between the two, it was agreed that the respondent would pay Eight Thousand United States Dollars (US$8,000) for the said vehicle. The respondent Zeyou stated that he paid the said amount of Eight Thousand United States Dollars

Jammel T. Mulbah v Ujay Morris (05/23/2024) 0

2024 Opinions / Justice Wolokollie / Recent Decisions

23 May, 2024

Jammel T. Mulbah v Ujay Morris (05/23/2024)

This motion to dismiss the appeal, originates from an action of summary proceeding for possession of real property files before the Bushrod Island Magisterial Court. The movant, Jammel T. Mulbah accused some individuals of illegally possessing and occupying his property and, after persistent calls to them to vacate his property did not yield any results, he sued the defendants at the Bushrod Island Magisterial Court. The magistrate ruled in favor of movant and the defendants excepted to the ruling and announced an appeal; however, they did not perfect their appeal, causing the magistrate to issue a writ of possession to

Wilson Tarpeh vs. Executive Branch (04/24/2024) 0

2024 Opinions / Justice Wolokollie / Recent Decisions

24 Apr, 2024

Wilson Tarpeh vs. Executive Branch (04/24/2024)

The petitioner, Prof. Wilson K. Tarpeh, in a petition for a writ of prohibition filed before the Justice in Chambers, complains that he was appointed Executive Director of the Environmental Protection Agency (EPA) by his Excellency George Manneh Weah, then President of the Republic of Liberia, on October 2, 2020; that the Act creating the EPA states that the Executive Director shall serve for a period of seven (7) years and shall be eligible for reappointment; that having been appointed and commissioned by His Excellency, George Manneh Weah, and having taken office and entered upon his duties, his appointment and

UNITY PARTY AND LIBERIA PEOPLE PARTY VS. THE NATIONAL ELECTIONS COMMISSION-PETITION FOR WRIT OF MANDAMUS (10/06/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

6 Oct, 2023

UNITY PARTY AND LIBERIA PEOPLE PARTY VS. THE NATIONAL ELECTIONS COMMISSION-PETITION FOR WRIT OF MANDAMUS (10/06/2023)

The conduct of free, fair and credible elections is the bedrock of all democracy. It is the process by which a nation and a people determine who will and who should govern and direct the course of their lives for a given period of time, especially as provided for by the highest law of their land—the Constitution. Through elections, the people manifest their desire for a civilized and democratic order. These objectives were not lost by the framers of our Constitution, adopted in 1984 and with an effective date of January 6, 1986, when they crafted these words: “All power is inherent in the people. All free governments are instituted by their authority and for their benefit and they have the right to alter and reform the same when their safety and happiness so require. In order to ensure democratic government which responds to the wishes of the governed, the people shall have the right at such period, and in such manner as provided for under this Constitution, to cause their public servants to leave office and to fill vacancies by regular elections and appointments [Emphasis ours].

The Liberian Constitution of 1986 effectuates this vision, a democratic constitutional

UNITY PARTY V. NEC-Violation of Section 4.1(2) of Elections Law (1)a2 (2) (10/05/2023) 0

2023 Dissenting Opinions / Justice Wolokollie

5 Oct, 2023

UNITY PARTY V. NEC-Violation of Section 4.1(2) of Elections Law (1)a2 (2) (10/05/2023)

The Court has held that the function of the Judiciary is to interpret the law as it is written. This Court has been called upon by the Unity Party, appellant, to determine whether the National Elections Commission (NEC), appellee has violated Chapter 4, entitled “Conduct of Elections”, particularly Section 4.1(2) with respect to the number of registered voters in a precinct. Section 4.1 (2) of the New Elections Law as amended in 2016 reads:

“The number of registered voters in every precinct shall be approximately equal, and unless the Commission in any particular case so determines, the number of registered voters in any precinct shall not exceed three thousand (3000).”

The Unity Party complained to the NEC that 93 voting precincts in nine counties constituting

ODESCO TARPEH VS. ERIC VAYE (09/13/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

13 Sep, 2023

ODESCO TARPEH VS. ERIC VAYE (09/13/2023)

The facts as culled from the records in this case are that, on August 21, 2023, the appellant Odesco Tarpeh, a registered voter of Electoral District #5, Montserrado County, filed a letter of complaint to the National Elections Commission (NEC) objecting to the eligibility of the Co-appellee Eric Vaye to contest as representative candidate in Electoral District #5, Montserrado County. In the complaint, the appellant alleged that Co-appellee Eric Vaye is ineligible to contest because he was convicted for the commission of a felony and was sentenced to a prison term of five (5) years, and that he had not served the prison sentence levied against him.

On August 17, 2023, the Liberia First Movement Party, by and thru its Chairman, Layee Togba, filed a motion to join, praying the NEC to join it as a party in the case because it is qualified and suitable to be an objector to ensure that a convict who has not served his prison term be disallowed from contesting for an elected position in Liberia.

Eminent Citizens & Residents of Margibi County VS. Hon. Nathaniel F. McGill of Margibi County (08/31/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

31 Aug, 2023

Eminent Citizens & Residents of Margibi County VS. Hon. Nathaniel F. McGill of Margibi County (08/31/2023)

This is an appeal from a ruling made by the National Elections Commission (NEC) on a motion to dismiss a complaint challenging the eligibility of the appellee, Mr. Nathaniel F. McGill, to contest as a senatorial candidate of Margibi County in the 2023 Presidential and Legislative Elections.
The genesis of this appeal as per the records is that, on July 10, 2023, one Peter F. Mulbah, referring to himself as an eminent citizen of Margibi County, wrote a letter to Madam Davidetta Brown Lassana, Chairperson of the National Elections Commission (NEC) objecting to the certification of Mr. Nathaniel F. McGill to contest in Margibi County as a senatorial candidate. He alleged that Mr. McGill lied under oath when he stated that he domiciles in Margibi County, whereas, he lives in the R-2 Community located in Montserrado County.
Subsequently, on July 13, 2023, several citizens referring to themselves as Eminent Citizens

Stoner Liberia Inc. vs. Ecobank Liberia Limited (08/11/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

11 Aug, 2023

Stoner Liberia Inc. vs. Ecobank Liberia Limited (08/11/2023)

The appellant, Stoner Liberia, Inc. (Stoner), requests this Court to review and reverse the ruling entered by the Justice in Chambers, denying the petition for the writ of prohibition filed by the appellant against the conduct of Judge Eva Mappy Morgan of the Commercial Court of Liberia. We are to determine whether the Justice’s ruling is erroneous and reversible as a matter of law as alleged by the appellant.

The undisputed facts as revealed by the records are that on July 3, 2018, the Co-appellee Ecobank Liberia Limited (Ecobank) filed an action of debt by attachment against the appellant Stoner before the Commercial Court of Liberia, alleging that the appellant Stoner is indebted to it in the sum of US$946,787.04 (Nine Hundred Forty-six Thousand Seven Hundred Eighty-seven Dollars Four Cents United States Dollars); that this amount derived from a loan facility secured by the appellant and which loan the appellant had failed to liquidate in full and in keeping with the agreement executed between the parties. The Co-appellee Bank prayed the court to adjudge the appellant liable and order it to pay the said amount.

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