Tagged: Motion to dismiss

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:

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.

THE INTESTATE ESTATE OF AB MARS V. ALEXANDER FREEMAN (04/12/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

12 Apr, 2023

THE INTESTATE ESTATE OF AB MARS V. ALEXANDER FREEMAN (04/12/2023)

This motion to dismiss presents a single issue for our determination viz.: whether or not an appeal is dismissible for failure of the appellant to transcribe the records to this Court.
The Supreme Court has opined in numerous of its Opinions that where a motion to dismiss an appeal is presented for determination, the Supreme Court is estopped from entering upon the records to make any determination of the substantive issues on appeal; that even in instances where the Court elects to consolidate the motion to dismiss the appeal with the main appeal, the Court must first determine the justifiability of the contention(s) presented in the motion; except the Court determines that the contentions are not tenable for the dismissible of the appeal, it cannot proceed to make determination of the appeal on

NYONBLEE KARNGA-LAWRENCE ET. AL. VS. MUSA HASSAN BILITY ET. AL (04/12/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

12 Apr, 2023

NYONBLEE KARNGA-LAWRENCE ET. AL. VS. MUSA HASSAN BILITY ET. AL (04/12/2023)

This appeal emanates from the ruling of our astute colleague, His Honor Yussif D. Kaba, when he served as Chambers Justice during the October A.D. 2022 Term of this Court. Mr. Justice Kaba delivered an exhaustive ruling in favor of the Petitioners for the Writ of Certiorari, Mr. Musa Hassan Bility, Martin F. Kollah, et al of the Liberty Party, appellees herein, against the National Elections Commission (NEC), Senator Nyonblee Karnga-Lawrence, Emmanuel Azango et al, appellants herein, which this Court en banc has been

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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