EFFUAH KOFFUAH, Appellant, v. HENRY K. ABOUAH, Appellee.

MOTION TO DISMISS APPEAL FROM THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT, NIMBA COUNTY. Argued October 28, 1968. Decided February 7, 1969. 1. Where an appellant negligently fails to superintend his appeal, a material clerical error committed by court personnel, which remains unremedied prior to attack, renders the appeal liable to dismissal. A motion was made to dismiss the appeal, on the ground that the transcribed record failed to indicate that a revenue stamp had been affixed to the appeal bond, though the omission to so state had resulted from clerical error in the court below. The motion was granted. S. Raymond Horace for appellant. Momo F. Jones for appellee. MR. court. JUSTICE SIMPSON delivered the opinion of the Predicated upon the complaint of Effuah Koffuah, of Unification Camp Four, Lamco Area, Nimba County, on August 17, 1967, a writ of summons to answer in an action of debt issued out of the Magisterial Court, Sanniquellie, County aforesaid, against Henry K. Abouah, therein named as defendant. The complaint alleged that the plaintiff, now appellant, had claimed an amount of $95o.00 from appellee. However, upon an understanding of the parties it was agreed that the amount payable would be reduced to $65o.00, of which $4.00.00 was immediately paid, leaving a balance of $25o.00 to be paid in monthly installments. This matter was thereupon heard and determined in the Magisterial Court. An appeal from the judgment was 214 LIBERIAN LAW REPORTS 215 taken to the Circuit Court of the Eighth Judicial Circuit, Nimba County, in chambers, Hon. Emmanuel H. Gbalazeh presiding. A look at the record shows that the judge ruled against the appellant, dismissing the action after taking evidence in chambers. Strangely, no objections were made to this procedure in the court below. There were only objections to the ruling dismissing the entire action of debt. Subsequent thereto, an appeal was announced, predicated upon a three-count bill of exceptions. An appeal bond dated December 3o, 1967, was duly approved and filed. Thereafter, the notice of completion of appeal was served and returned, purportedly complying with all of the statutory requirements to give us the requisite jurisdiction for entertaining the hearing of the appeal. Thereupon, the appellee filed a motion to dismiss the appeal based upon the failure to have a revenue stamp affixed to the appeal bond. Opposition to this motion was filed, in which it was alleged that the original bond had affixed thereto the requisite stamp. However, the clerk of the lower court, in transmitting the record, had failed to include in the transcribed record the fact that the appeal bond was duly stamped in conformity with law. In Karnga v. Williams, [1952] LRSC 28; 11 L.L.R. 299 (1952) , this Court held, at p. 305, “Appellants herein unfortunately neglected to superintend their appeal and to file the necessary motion for diminution of record as provided by statute. They have no one to blame but themselves for this pitiable position in which they are placed.” In Moore v. Gross, [1911] LRSC 5; 2 L.L.R. 45, 46 (1911), Mr. Justice McCants-Stewart, speaking for the Court, where there existed a similar set of facts, held : “While a party cannot be held responsible for an immaterial error or omission made by a clerk of court in transcribing the records on appeal, yet material er- 216 LIBERIAN LAW REPORTS rors and omissions in the preparation of the record on appeal resulting from the neglect of the party to the action, or his counsel, are ground for the dismissal of the appeal.” This Court, by the force of statute, is governed solely by the records transcribed to us from a lower court of record. Civil Procedure Law, 1956 Code 6 :Iois. Additionally, where a correction or modification of the record is required because of some omission in the lower court, the affected party, or the parties by stipulation, may apply to the appellate court to have the error corrected. Moreover, the appellate court may act on its own initiative, even to the extent of issuing a mandate to the trial court requiring the judge thereof to have the record completed and to return it forthwith, or to transmit to the appellate court a certified supplementary record. Civil Procedure Law, 1956 Code 6:1018. As an insufficient or otherwise deficient bond not made sufficient prior to attack in the appellate court constitutes a fatal error, precluding the appellate court from reviewing the matter for lack of jurisdiction, so, in addition to the above, where an appeal bond possesses a material defect not remedied, it constitutes a valid ground for dismissal of the appeal. 1956 Code 6 :1014., 1020. In the circumstances, this Court has no alternative but to sustain the position of appellee and grant the requested motion, with costs in these proceedings against appellant. And it is hereby so ordered. Motion to dismiss appeal granted.