Tagged: ACTION OF DAMAGES FOR WRONG

MONCO Lib. Ltd. vs. GLOBAL BANK Lib. Ltd. (05/23/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

23 May, 2024

MONCO Lib. Ltd. vs. GLOBAL BANK Lib. Ltd. (05/23/2024)

This motion to dismiss grows out of a final ruling rendered by the Sixth Judicial Circuit, Civil Law Court, Montserrado County on September 1, 2023, in which the respondent/appellant was adjudged liable to the movant in the amount of Two Million Five Hundred Thousand United States Dollars (US$2,500,000.00) in an action of damages suit filed by the movant against the respondent.

The movant/appellee herein request this Court to dismiss the appeal on grounds that the respondent/appellant appeal bond is inconsistent with statute as it is insufficient to indemnify the movant/appellee thereby rendering this appeal dismissible as a matter of law

Lucia Derrick & James K. Wolovah vs. Global Pharm Medical Center (05/23/2024) 0

2024 Opinions / Justice Gbeisay / Recent Decisions

23 May, 2024

Lucia Derrick & James K. Wolovah vs. Global Pharm Medical Center (05/23/2024)

In this motion to dismiss, Miss Lucia Derrick and James K. Wolovah, movants herein have prayed this Court to dismiss the respondent’s appeal on grounds that the said appeal violates the appeal statute. We take recourse to the records to make a just determination based on the facts and circumstances herein.

The movants in their motion alleged that they were plaintiffs in a medical malpractice action before the Sixth Judicial Circuit, Civil Law Court, Montserrado County and that the said court rendered final judgment in their favor on September 19, 2023, and the said judgment was

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

Fahnma Shopping Complex VS J. Fallah Business Center (07/05/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

5 Jul, 2023

Fahnma Shopping Complex VS J. Fallah Business Center (07/05/2023)

This is an appeal from a final ruling in a declaratory judgment in the court below. When the case was called for hearing, one of counsels who appeared for the appellee, J. Fallah Business Center, made an application on the Court’s record praying for a dismissal of the appeal on ground that the appellant Management of Fahnma Shopping Complex failed to perfect its appeal in keeping with Chapter 51.1 of the Civil Procedure Law, 1LCLR. The appellee’s counsel stated in his application that final judgment in the case was rendered by the Civil Law Court on June 4, 2021, and the appellant excepted thereto and announced an appeal therefrom; that the appellant filed its bill of exceptions on June 15, 2021, a day outside the mandatory ten-day period for the filing of the bill of exceptions; that the notice of completion of appeal was filed on June 17, 2021; that based upon the late filing of the bill of exceptions, the appellee filed a motion to dismiss the appeal in the court below but the trial judge denied the motion, ruling that the appellant had already filed its notice of completion of appeal, thereby divesting the court of jurisdiction to act on the motion. Appellee counsel therefore prayed this Court to dismiss the appellant’s appeal for its failure to file a bill of exceptions within the time required by the appeal statute.

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:

MAMBA POINT HOTEL Vs. JANNEH DEE (05/19/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

19 May, 2023

MAMBA POINT HOTEL Vs. JANNEH DEE (05/19/2023)

On May 20, 2016, the appellee, Janneh Dee, filed an action of damages for wrong against the Appellant Management of Mamba Point Hotel before the Civil Law Court, Sixth Judicial Circuit, Montserrado County, substantially alleging that she was injured as the result of the appellant’s negligence. In her complaint, the appellee stated that she was employed by the appellant as a waitress and served the appellant with commitment, sincerity and dedication for several years until she sustained a severe spinal injury at the instance of the appellant. Appellee alleged that on December 4, 2014, while on duty as a waitress serving customers upstairs at the appellant’s business premises in Monrovia, Montserrado County, she felt the urge to use the bathroom and proceeded downstairs to the staff bathroom; that after using the bathroom, she began to make her way back upstairs to her work station, and while on the stairways from the bathroom she slipped on the wet floor tiles, and fell down with her back to the floor; that pursuant to the fall, she began to feel severe pain in her waist and other parts of her body and she

KWAPLAH INTERNATIONAL (LIBERIA), INC., vs THE MANGT OF ECOBANK (LIBERIA) LIMITED (12/15/2022) 0

2022 Opinions / Recent Decisions

15 Dec, 2022

KWAPLAH INTERNATIONAL (LIBERIA), INC., vs THE MANGT OF ECOBANK (LIBERIA) LIMITED (12/15/2022)

On June 19, 2009, the appellant, Kwaplah International (Liberia), filed an action of damages in the Sixth Judicial Circuit, Civil Law Court, Montserrado County, against Mr. Abenego Dahn, the 1st defendant, the Management of Ecobank Liberia Limited, the appellee herein and 2nd defendant in the trial court, and the Central Bank of Liberia, the 3’d defendant

Kailondo Petroleum (12/15/2022) 0

2022 Opinions / Recent Decisions

15 Dec, 2022

Kailondo Petroleum (12/15/2022)

This Court has been called upon by the movant, Kailondo Petroleum, Inc., to dismiss the appeal taken by the respondent, Guaranty Trust Bank (Liberia) Limited (GT Bank), from the final ruling of the Civil Law Court, Sixth Judicial Circuit for Montserrado County, presided over by His Honor Yamie Quiqui Gbeisay.

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