Emmet Taylor of the City of Monrovia, Liberia Movant Versus Rebecca Facin Blama Sando, Washington Clarke, TSS and Falla T. Bondo, all of the City of Brewerville, Montserrado County, Liberia Respondents

MOTION TO DISMISS APPEAL

APPEAL

ACTION OF EJECTMENT

Heard: October 31, 2022. Decided: November 4, 2022

JUSTICE KABA DELIVERED THE OPINION OF THE COURT

Mr. Emmet Taylor, movant herein, filed his four count motion to dismiss appeal

alleging in substance that he is the appellee in an action of ejectment now on appeal; that on November 18, 2013, I-lis Elonor J. Boima Kontoe presiding by assignment over the Sixth Judicial Circuit f•ör Montserrado affirmed the unanimous verdict of the trial jury and adjudged the respondent, Rebecca Facin, liable; that the respondent having excepted to th trial judge’s final ruling and announced an appeal, filed her bill of exceptions within statutory time, but that the respondent failed to file her appeal bond and to serve and file her notice of completion of appeal; and that he obtained a clerk’s certificate to substantiate his averments herein. The movant prayed this Court to grant his motion pursuant to Civil Procedure Law Revised Code: 1:51.8, 1:51.9 and 1:51.16.

In traversing the averments cont ined in the motion to dismiss appeal, the respondents contend that they were represented by Counsellor Fomba O. Sirleaf of the Tulay & Associates Law Offi es, Inc.; that upon the filing of their bill of exceptions, Counsellor Sirleaf was ttacked by a stroke which made him paralyzed and disable, a condition he suffe ed until his demise; that after the death of Counsellor Sirleaf, the principal r pondent in the case, Ms. Rebecca Facin also died; that the other respondents being laymen and unaware of the procedures relating to the situation, were of the mistaken belief that the death of their lawyer, the movant, Emmet Taylor, and co-respondent, Rebecca Facin, ended the case; that the movant having died while the case; is pending on appeal, his estate should be made to file for a substitution of pat-ty as required by law before the matter can be ordered assigned for final dispositidn. The respondents therefore prayed this Court to afford them the opportunity to s cure an appeal bond and to serve and file their notice of completion of appeali pursuant to Civil Procedure Law Revised Code: 1:51.16 and the Revised Rule ofthe Supreme Court.

We certify a singular issue for the d termination of this case as follows:

I . Whether the facts and circumstances surrounding the incapacitation and subsequent death of Counsellor Fomba O. Sirleaf are sufficient grounds for tolling the appeal statute in this case?

In addressing the issue, we take judicial cognizance of the records certified to this

Court. The records reveal that final fuling in the action of ejectment was entered on November 18, 2013. The responde ts having excepted and announced an appeal from the final ruling, filed theit; bill of exceptions ont November 23, 2013.

Thereafter, the respondents failed to file their appeal bond and to serve afld file

their notice of completion of appeal. It is the contention of the respondents that immediately after the filing of thei approved bill of exceptions, Counsellor Fomba O. Sirleaf fell critically ill and as result of counsel’s illness and subsequent death together with the death of co-resp ndent Rebecca Fecin who, according to them, was the principal defendant in the lower court, as well as the death of the movant, they had the mistaken belief that t e case was abated and terminated.

Our search of records reveals that on November 18, 2013, the date of the final ruling rendered by His Honor J. Boima Kontoe, the Tulay & Associates Law Offices, Inc. announced representation by and thru Attorney Schadrack N. Kanneh who received the said ruling. It is clear from the certified records that the respondents were represented by the Tulay & Associates Law Offices, Inc. and that Counsellor Fomba O. Sirleaf of sainted memory was not the only counsel of record in the case. So, the allegations co tained in the respondents’ returns to the motion to dismiss appeal are unsupported y the records.

More besides, assuming that Cou sellor Sirleaf was a lone counsel in the case for the respondents, the medical certi Icate attached to the respondents’ returns, show that the said counsellor died on August 2, 2016, that is, more than two years after the filing of the respondents’ bill of’ exceptions. This Court says that it takes judicial notice of the fact the law firm has been actively representing its clients before and after the death of Counsellor Sirleaf. It follows that the contention of the respondents that they were of the mistaken belief that the case terminated on the death of their counsel, co-respondent Rebecca Facin and the movant, is not tenable in law. This Court also s ys that the under the facts and circumstances as gather from the certified records Civil Law Revised Code: 1:51.10 which the respondents rely upon is inapplica le in this case.

The records having established th t the respondents failed to file their appeal bond and to serve and file their notice o completion of appeal and considering the lapse of the time this case has been pending on the dockets of our courts, this Court is of the considered opinion that the appeal must be dismissed. The strict adherence or compliance with the requirements for the completion of appeal is a matter of settled law in this jurisdiction. A failure to timely comply with any of the requirements enumerated under Civil Procedure Law Revised Code: 1:51.4 for the completion an appeal is a ground or the dismissal of an appeal. Catakaw et al v. Karweh, Supreme Court Opinion, March Term, A.D. 2010, Sheriffv. Parwon et al,

Supreme Court Opinion, March Term, A.D. 2015,Mr. Jaimanie F. Tyler v. Mr. Lincoln Davis, Supreme Court Opinionj October Term, A.D. 2019, Intestate Estate of T. Q. Harris v. Alex Mulbah et al, Supreme Court Opinion, October Term, A.D. 2019, Esther Yeanay Barkpei v. !Joseph L. Tompoe, Supreme Court Opinion, March Term, A.D. 2020, Troste n MoKollie v. The Management of Lonestar Cell/MTN, Supreme Court Opinio October Term, A.D. 2021.

WHEREFORE AND IN VIEW F THE FOREGOING, the motion to dismiss appeal is granted, and the appeal is dismissed. The Clerk of this Court is ordered to send a mandate to the court belo to resume jurisdiction over this case and give effect to the Judgment of this Opinion. Costs are ruled against the respondents/appellants. AND IT IS HEREBY SO ORDERED.

When this case was called for hearing, Counsellor Kuku Y. Dorbor of the Henries law Firm appeared for the movant. Counsellor Emmanuel Tulay of the Tulay &

Associates Law Offices, Inc. appe red for the respondents.

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