GABRIEL DUNCAN, Appellant, v. E. S. WREH, Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, MONTSERRADO COUNTY. Argued October 12, 1966. Decided December 16, 1966. When an appellant has failed to file an appeal bond and to serve a notice of appeal, a motion to dismiss the appeal will be granted. In an appeal from a judgment in an action of ejectment, on motion by the appellee, the appeal was dismissed. No appearance for appellant. for appellee. MR. JUSTICE the Court. WARDSWORTH James M. P. Kandakai delivered the opinion of The above-entitled cause of action was instituted by plaintiff-appellee in the Circuit Court of the Sixth Judicial Circuit, Montserrado County, on the 8th day of January, 1963, against defendant-appellant. The defendant, having been served with process, filed formal appearance followed by his answer within statutory time. Pleadings progressed as far as the surrejoinder and rested. The case was called for hearing on the loth day of February, 1965. Final judgment was rendered on the 18th day of February, 1965, in favor of plaintiff-appellee, to which final judgment defendant-appellant noted exceptions and prayed an appeal to this Court of last resort for review and final determination. This cause, having been assigned, was called for hearing, at which time the appellee interposed a motion to dismiss said case, which motion reads, in its body, as follows. 628 LIBERIAN LAW REPORTS 629 “I. Because appellee says that even though the appellant has announced on appeal, yet he has failed and neglected to file an approved appeal bond which is one of the jurisdictional steps to appeal to this Honorable Court. (See certified copy of certificate of the clerk of Court dated June 11, 1965, marked Exhibit A, which forms a part of this motion.) ” 2. And also because appellee further says that he has not been furnished with copy of the notice of appeal which would have placed him under the jurisdiction of this Honorable Court, which is clear proof that the appellant has also failed and neglected to so perfect his appeal in keeping with law. ( See records transmitted to this Honorable Court.) “Wherefore, appellee prays this Honorable Court for the dismissal of the said appeal with costs against the appellant. (For reliance see Buchanan v. Arrivets, [1945] LRSC 2; 9 L.L.R. 15 (1945) Syllabus I.) 77 1956 CODE 6 :1020. It is strange to observe that, although defendant-appellant was duly notified of the assignment of the case for hearing, he filed no resistance to the motion of his adversary to dismiss his appeal, nor did he appear at the time the case was set down for hearing, whereby he might have spread his resistance on the record in an attempt to make some showing why the appellee’s motion should be denied. However, buttressing appellee’s motion, is a certificate from the clerk of the trial court which reads : “From an inspection and a careful perusal of the records as filed in the office of the clerk of the Circuit Court of the Sixth Judicial Circuit, Montserrado County, Republic of Liberia, in the case : “E. S. Wreh, Plaintiff versus Gabriel Duncan, Defendant Action of Ejectment. 630 LIBERIAN LAW REPORTS this is to certify that there is no appeal bond filed since the date of the final judgment up to the issuance of this certificate. “Given under my hand and seal of Court in the City of Monrovia, this i ith day of June, 1965. [Sgd.] “JOHN B. P. MORRIS “Clerk of the Civil Law Court, Mo. Co.” Upon a careful perusal of the record in this case, we find no trace of an approved appeal bond filed by the appellant in these proceedings. We observe further that no notice of appeal duly served and returned as the law directs is found in said record. An appeal bond and notice of appeal duly served and returned are essential jurisdictional steps required by law and are legally indispensable to a valid appeal ; otherwise this Court is without authority to exercise jurisdiction over the persons and subject matter of the appeal. In view of the foregoing, it having been established by the appeal record in this case that appellant failed to file an approved appeal bond and also to cause the issuance, service, and return of the notice of appeal as the law directs, the motion to dismiss said appeal is hereby granted. The judgment of the lower court is hereby ordered enforced with costs against appellant. And it is hereby so ordered. Appeal dismissed.