Category: Recent Decisions

The Management of Ecobank (Liberia) Limited vs Embassy Suite Corporation (08/11/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

11 Aug, 2023

The Management of Ecobank (Liberia) Limited vs Embassy Suite Corporation (08/11/2023)

This appeal is from the final ruling of Mr. Justice Yussif D. Kaba, then Resident Circuit Judge of the Sixth Judicial Circuit, Civil Law Court, Montserrado County, and before his ascendancy as Associate Justice of the Supreme Court, wherein he affirmed the verdict of the jury awarding damages in the amount of One Million Five Hundred Thousand United States Dollars (US$ 1,500,000.00) to the Embassy Suites Incorporated, the appellee herein, for acts allegedly perpetrated by the appellant herein, Ecobank Liberia Limited, against the Embassy Suites Sole Proprietorship, prior to the coming into existence of the Embassy Suites Incorporated.
The history of this case is traced to August 10, 2009, when the Liberia Resort Management Group Incorporated through its three shareholders, Mr. Winfred R. Gibson, Mr. Anwar Saoud, and Mr. Marina Nazarine/Vahagn Poghosyan, applied to the appellant, the Ecobank (Liberia) Limited, and subsequently obtained a loan in the amount of Five Hundred Thousand United States Dollars (US$500,000.00) for the purpose of financing the renovation of a ten-bedroom hotel and the construction of a new building on the premises of the Liberia Resort Management Group Incorporated, located in Mamba Point

J.D. Wesley et al vs. His Honor Yamie Gbaisay et al (08/11/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

11 Aug, 2023

J.D. Wesley et al vs. His Honor Yamie Gbaisay et al (08/11/2023)

Rule IV, Part 12 of the Revised Rules of the Supreme Court prescribes the office of bill information as follows:

“(a). A bill of information will lie to prevent a Judge or any Judicial Officer who attempts to execute the mandate of the Supreme Court in an improper manner from doing so with the Judgment and/or Mandate of the Supreme Court.

(b). A Bill of Information will also lie to prevent any one whomsoever from interfering with the Judgment and/or Mandate of the Supreme Court.

(c). Any Counsellor who files a Bill of Information before this Court assigning reasons therefor other than the reasons expressly prescribed by these Rules shall be penalized by the imposition of a fine, suspension or disbarment.”

The Supreme Court has held in a long chain of Opinions that for a bill of information to be granted, the matter forming the basis of the information must have been pending before the Supreme Court or decided by it; that

Sansee Kowo et al. vs Republic of Liberia (08/11/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

11 Aug, 2023

Sansee Kowo et al. vs Republic of Liberia (08/11/2023)

The appellant, Sensee Kowo, is before the Supreme Court appealing his conviction of murder emanating from the final ruling of the Second Judicial Circuit Court, Grand Bassa County.

The records established that the Republic of Liberia, the appellee herein, arrested the appellant and two other defendants in persons of Rancy Dolo and Martin Dolo, and following investigation, jointly charged them for the murder of Samuel Selleh. Subsequently, the Grand Jury of the Eighth Judicial Circuit, Nimba County, indicted all the defendants for the commission of the crime of murder.

The nine (9) count indictment alleged inter alia, that on March 8, 2020, the decedent, Samuel Selleh, and three of his friends were seen loitering around the Jackie’s Guest House, a private business center; that two private security guards assigned to an area proximate to the said business center, namely co-defendants Martin Dolo and Rancy Dolo approached the decedent and his friends demanding to know the contents of a bag being carried by one of the decedent’s friends; that an argument ensued because one of the decedent friends questioned the authority of the co-defendants to search their bags, noting that the co-defendants were not officers of the Liberian National Police (LNP) or the Liberia Drug Enforcement Agency (LDEA); that during the argument, co-defendant Martin Dolo called his boss, the appellant herein, Sensee Kowo, requesting that he come on the scene; that upon the appellant’s arrival, and without investigating the cause of the argument, proceeded to take hold of the decedent from the back

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

Minister Dean Contempt Proceedings (08/11/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

11 Aug, 2023

Minister Dean Contempt Proceedings (08/11/2023)

In an Opinion growing out of contempt proceedings against then Attorney General/Minister of Justice, C. Abayomi Cassell, the Supreme Court, in 1961 speaking through Mr. Chief Justice James A.A. Pierre in the case: In Re C. Abayomi Cassell, 14LLR 391, 403, 404 (1961), opined thus:

“…the Judiciary is the anchor which holds stabilized government in balance; without it, vested interest might suffer, sacred rights [will] be violated, constituted authority [will] be challenged; and in fine, administrative chaos could result…The Judiciary is only as weak as the concept of those who imagine it to be so; and it is as strong as the will of those who worship within its shrine…”

We affirm and confirm this holding of the Supreme Court, and are of the view that same is epiphanic and true, not just to the faithful few of 1961 but also to the current worshippers and priests in Black Silk who revered the sacredness of these hallow walls and have sworn by holy writ to show due respect to the courts at all times regardless of their station or social status.

The present case is another classical example of another Attorney General/Minister of Justice and Dean of the Supreme Court Bar who has substituted his ethical responsibilities to the courts of Liberia with that of mudslinging in order to impugn and undermine the image of the Judiciary and to camouflage the ineptitude of the Institution he heads and as the chief prosecutor of all crimes in the Republic of

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

Mr. Foleboi K. Kamara of 941 Yeadon Avenue vs. Alhaji Mohammed Fofana (08/11/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

11 Aug, 2023

Mr. Foleboi K. Kamara of 941 Yeadon Avenue vs. Alhaji Mohammed Fofana (08/11/2023)

In this appeal, we are asked by the appellant to overturn the ruling of the Sixth Judicial Circuit Court, Montserrado County, made in a declaratory judgment proceedings in which the court ruled that the appellee has a continuous leasehold right to the disputed property by virtue of an amendment made to the original lease agreement entered into between the appellee and the decedent of the appellant’s estate, Alahaji Mohammed Fofana, on July 15, 1998.

The essential facts are that the appellee and the decedent of the appellant estate, Alhaji Mohammed Fofana, entered into a lease agreement on June 20, 1997, for a parcel of land containing 1.87 lots, lying and situated in Fish Market, Sinkor, for a period of twenty (20) calendar years. As relevant to this appeal, clauses 2 and 3 of the lease agreement read:

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

Mrs. Warti Nancy Robinson-Bility vs. Mr. Sidikie Musa Bility (08/11/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

11 Aug, 2023

Mrs. Warti Nancy Robinson-Bility vs. Mr. Sidikie Musa Bility (08/11/2023)

The appellee Sidike Musa Bility and the appellant Warti Nancy Robinson-Bility were husband and wife, who during the pendency of their marital relationship begot two children; namely, Al-Hussein Bility and Sidike Bility, who are minors. On May 5, 2021, the Civil Law Court, Sixth Judicial Circuit, based on an Action of Divorce for Incompatibility of Temper filed by the appellee, entered a decree dissolving the marriage between the appellee and the appellant. The instant appeal emanates from the granting of permanent custody of the two minor children begotten out of the marriage to the appellee Sidike Musa Bility.
The certified records reveal that while the divorce proceedings between the parties was pending before the Civil Law Court, the appellee filed a motion for temporary custody, praying the court to grant unto him temporary custody of the two minor children pending the final disposition of the divorce proceedings. The appellee contended in his motion that his request for

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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