Category: Recent Decisions

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

Nathaniel Kevin vs. Her Honor Compfort S. Natt & Lone Star Cell MTN (12/19/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

19 Dec, 2023

Nathaniel Kevin vs. Her Honor Compfort S. Natt & Lone Star Cell MTN (12/19/2023)

The history of this case requires a careful consideration of the facts and circumstances to make an informed judicial decision. The appellant, Nathaniel Kevin was an employee of the appellee, Lone Star MTN, and he served as Regulatory Relations Senior Manager on a month-to-month basis, commencing from December 2012 with a monthly salary of US$8,390.00(Eight Thousand Three Hundred Ninety United States Dollars).
However, on January 16, 2015, the appellee declared his position redundant on account of economic reasons, citing Regulation No.8 of the Labour Practices Law, which gives an employer, as in this case, the power to declare redundant a position but shall pay the employee one month salary for each year of completed service.

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

Amos Clinton vs His Honor Joe S. Barkon (12/19/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

19 Dec, 2023

Amos Clinton vs His Honor Joe S. Barkon (12/19/2023)

This appeal emerges before the full bench of the Supreme Couret, praying this court to review and reverse the ruling of our distinguished learned Colleague, Mr. Justice Yussif D. Kaba; which ruling he denied the preemptory writ of mandamus prayed for by the appellants. To agree or disagree with the Chambers justice’s ruling, it is expedient to briefly state the synopsis of the facts culled from the certified records of this case from the court below.

Having rendered a default judgment against Amos Clinton and Rufus Wesley in an action of ejectment predicated on the sheriff’s returns which indicated that the appellants rejected or evaded the court’s precepts including writ of summons and several assignments, the appellants filed a motion in the court below praying the court to relieve them from judgmen

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

The Intestate Estate of Joseph N. Boley Vs. Oldman Gaye et. al. (12/07/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

7 Dec, 2023

The Intestate Estate of Joseph N. Boley Vs. Oldman Gaye et. al. (12/07/2023)

This motion to dismiss is before this Court from a ruling made by the Seventh Judicial Circuit Court, Grand Gedeh County on April 7, 2023, in a cancellation proceedings case in which the trial judge ruled against Oldman Gaye Gbarwo et al. respondents herein.

The facts as alleged are that the movant, the Intestate Estate of Joseph N. Boley, represented by its Administrator Mr. Thomas N. Boley et al. filed a petition for cancellation against one Oldman Gaye Gbarwo et al., respondents herein praying the court to cancel the respondents purported land sale deed made by the respondents in their own name alleging that the said deed was fake and

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

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;

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