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Tolbert Abdallah et al v Sirleaf et al (2018)

Carmenia E. Tolbert-Abdallah, Pro Se, and Villancy Realt Inc., represented by its Managing Director, Carmenia E. Tolbert Abdallah, of the Citv of Monrov:a.INFORMANTS VERSUS Momolu V.S. Sirleaf, Dukuly Sirleaf Estate represented by Counsellor Momolu V. Sack-or Sirleaf RESPONDENTS

 

BILL OF INFORMATION

PETITION FOR A WRIT OF PROHIBITION

ACTION OF SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF REAL PROPERTY AND CANCELLATION OF LEASE AND SALE AGREEMENTS

JUDGMENT WITHOUT OPINION

When this case was called for hearing, Counsellor James E. Pierre of the Pierre, Tweh & Associates .appeared for the informants. Counsellor Momolu V. S. Sirleaf appeared for the respondents.

The informants, Carmenia E. Tolbert-Abdallah, pro se, and Villancy Realty, Inc. by and through their legal counsels, brought to .t.he attention of the Court that they were never served with the writ of summons and complaint in the original action to bring them under the jurisdiction of the lower court; therefore, they maintained that the judgment-from the lower court cannot bind them.

The respondents filed returns in which they did not deny the contention of the informants to the effect that no service of precept was made on them. We have reviewed the records and seen no evidence of service of precepts on the informants. It is a cardinal principle of law in this jurisdiction that a judgment cannot conclude a party unless that party was brought under the jurisdiction of the court through the service of a writ of summons.

Accordingly, and in view of the foregoing, it is hereby

ADJUDGED:

That the bill of information be and same. is hereby granted. The judge of the lower court is mandated to resume jurisdiction over. this case and have the writ of sumrnons and the complaint served on the informan.ts so that they will file their responsive pleadings.

TEMPLEOFJUSTICE

MONROVIA. LIBERIA

Considering that this case has been pending for a long time, the judge is ordered to give due priority for the expeditious hearing and determination of this matter. AND IT IS HEREBY SO ORDERED.

esetta Howard Wolokolie

GIVEN UNDER OUR HANDS AND THE SEAL OF THE

Kabinefi M. Ja neh

ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA

ASSOCIATE JUSTICE, SU REME COURT OF LIBERIA

Sié-A-Nyene G. /Yuoh

ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA

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