Tagged: Motion to dismiss

MADAM JUSTICE WOLOKOLIE DELIVERED THE OPINION OF THE COURT
When a motion is filed to dismiss an appeal for violation of the appeal statute, this Court has consistently expressed its strong preference for deciding the appeal on its merit, hesitant to dismiss the appeal.

On July 2, 2017, the National Elections Commission (NEC) commenced the nomination process for prospective candidates desirous of contesting the General and Presidential Elections for October 10, 2017.

This appeal grows from a final ruling of the Board of Commissioners of the National Elections Commissions (NEC), denying and dismissing the respondents/appellants’ appeal for failure to file their appeal from a final ruling of the Chief Dispute Hearing

MR. JUSTICE BANKS delivered the Opinion of the Court.
The Liberian Constitution (1986) states, at Article 1, that “All power is inherent in the people

MR. JUSTICE JA’NEH dissents:
As the final arbiter in the land, Liberian laws undoubtedly impose a sacred duty on the Supreme Court of Liberia to take every legal action at ensuring “accurate determination of the results of voting” in public electoral competitions.

Counsellors G. Moses Paegar and Albert Sims of Sherman and Sherman, Inc., in association with Counsellors Frank Musa Dean, Jr., of Dean and Associates, Cyril Jones of Jones and Jones Law Firm, and Emmanuel B. James of the International Group of Legal Advocates and Consultants, appeared for the appellants. Counsellor James Daku Mulbah, County Attorney for Montserrado County, Ministry of Justice, in association with Counsellors Theophilus C. Gould and Othello S. Payman, I, appeared for the appellee.

JUSTICE BANKS DELIVERED THE OPINION OF THE COURT

As part of its constitutional mandate specified in the 1986 Constitution, and pursuant to the statutory command stipulated in the Elections Law enacted by the Legislature, done on authority of and in compliance with Article 34() of the Constitution which mandated the Legislature to enact the Elections Law of Liberia for the governance and conduct of elections for public offices in Liberia, the National Elections Commission, movant/appellee herein, on July 2, 2017 commenced, as per prior notification, the nomination process for prospective candidates desirous of contesting the ensuing October 10, 2017 Presidential and General Elections. See Lib. Const. Art

On June 24, 2016, the Sixth Judicial Circuit Court, Montserrado County, sitting in its March Term A.D. 2016, rendered final judgment in favor of the movant/appellee, the Magna Diversified, Company and against the respondent/appellant, the Mandra Forestry Liberia, in an action of damages instituted by the movant/appellee. In its final judgment, the trial court ordered the respondent/appellant to pay the amount of US $2,000,000.00 (Two Million United States Dollars) as damages suffered by the movant/appellee. The respondent/appellant excepted thereto, announced an appeal and subsequently filed its bill of exceptions on July 2, 2016, which was approved by the trial judge.