Coleman, Sr v. Doe (2018)
Aloysious D. Coleman, Sr. of the City of Monrovia MOVANT VERSUS Mr. Samuel Doe of the City of Buchanan RESPONDENT
MOTION TO DISMISS APPEAL
ACTION: DAMAGES FOR WRONG FOR BREACH OF CONTRACTION
Heard: March 28, 2018 Decided: April 12, 20) 8
JUDGMENT WITHOUT OPINION
When this case was called for hearing, Counsellors Momolu G. Kandakai and Philip Y. Gongloe, of Gongloe and Associates Law Firm, appeared for the movant. No lawyer appeared for the respondent.
FcllosVing the notation of representations of the parties, the Clerk of the Supreme COUIT brought to the attention of the Court that the Counsel for respondent had filed a letter of excuse on March 27, 2018, requesting for continuance, while at the
“Atty. Sam Mamulu
Clerk
Supreme Court of the Republic of Liberia
Temple of Justice
Capitol Hill- Monrovia Monrovia, Liberia
Dear Mr. Clerk:
We hereby extend to you our compliments and wish to inform you that we have just been contacted by Attorney-At-Law, S. Nikrumah Tickey to represent them at the Honorable Supreme Court level….Upon the review of the file by me, [ I ] discovered that no step in the perfection of the appeal was taken
In view of the above, I requestthat you-be kind enough to re-assign this case in order to enable me study;’ the case, so that I.,cans be prepared to appear before the Supreme Court of Viberiarto ablyuepresent our client, the respondent in the instant case. Moreover, I h ave realiied,that..the (60) days legal requirements
have lapsed, before turning the case file over-to me for which a clerk’s certificate was prayed for and subsequently granted in favor of the movant.
In furtherance to the above*-we haveobserved that it is now over a year since the approved bill of exceptions was filed by client, the respondent, without perfecting the appeal process in its totality
Respectfully submitted:
Respondent by and thru his legal counsel
Tulay and Associate Law Offices Johnson & Benson Streets Junction
New Georgia Parking Station
The above quoted letter was read in open Court by the Clerk; the Court noted the concession made therein, denied the request for continuance, and evoked the Revised Rules of the Supreme Court to enter upon the records of the case and make determination.
The Revised Rules of the Supreme Court Part 6(b) provides:
“When a case which has been assigned and the assignment acknowledged by his signature thereon is called for argument and neither party appears, or files briefs, the case shall be put to the bottom of the docket and the counsel(s) fined not less than $500.00. If the parties fail to
appear but have filed their briefs, the Court may open the records and at its selection render a judgment with or without opinion.”
A review of the records shows that on November 15, 2016, the Sixth Judicial Circuit Court, Montserrado County sitting in its September Term A.D. 2016, entered final judgment in favor of the movant. The respondent excepted thereto and announced an appeal to the Supreme Coult. On November 23, 2016, the respondent filed a bill of exceptions within the time required by statute but took no further steps to perfect the appeal by the filing of an appeal bond and the service and filing of the Notice of Completion of Appeal. On January 17, 2017, the movant obtained a certificate from the clerk of the Sixth Judicial Circuit Court, Montserrado County, to this effect hence, the motion to dismiss. Accordingly, it is hereby
ADJUDGED:
That the motion to dismiss the appeal be and same is hereby granted. Therefore, the appeal is denied and dismissed as a matter. of law. The Clerk of this Court is ordered to send a mandate to the Sixth Judicial Circuit Coun, Montserrado County mandating the judge presiding therein to resume jurisdiction over the case and give effect to this ‘Judgment. IT IS SO ORDERED.
ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA
ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA
Philip A.z. Banks, 111.