The Administration of the Ministry of Finance v His Honor Johannes Z. Zlahn (2020)

The Administration of the Ministry of Finance of the Republic of Liberia, by and thru its Minister, Amara Konneh, Minister of Finance, Republic of Liberia, All of the City of Monrovia, Liberia APPELLANT VERSUSA His Honor Johannes Z. Zlahn, Assigned Judge, Civil Law Court, and Eric F. Nagbe of the City of Monrovia, Liberia APPELLEES

APPEAL ACTION OF DAMAGES FOR LIBEL

JUDGMENT WITHOUT OPINION

Counsellor Sayma Syrenius Cephus, Solicitor General, Republic of Liberia, appeared for the appellant. Counsellor Alhaji Swaliho A. Sesay  for the appellees.

The records show that on August 14, 2020, the counsel for the appellant, Counsellor

Sayma Syrenius Cephus, Solicitor General, Republic of Liberia, and Counsellor Alhaji

Swaliho A. Sesay, counsel for the appellees, filed with the Clerk of this Court, a “Notice of

Voluntary Withdrawal”, requesting the Court to withdraw the appeal announced by the

appellant on May 15, 2015, from the ruling of His Honor Johannes Z. Zlahn, then Assigned Judge, Sixth Judicial Circuit, Civil Law Court. The “Notice of Voluntary Withdrawal” was approved on August 14, 2020, by His Honor Yussif D. Kaba, Associate Justice of the Supreme Court of Liberia, in compliance with Rule Ill, Part 2 of the Revised Rules of the

Supreme Court. The “Notice of Voluntary Withdrawal” reads as follows:

“NOTICE OF VOLUNTARY WITHDRAWAL

Whereas the Plaintiff, Eric Nagbe filed an action of damages for libel against the Ministry of Finance Represented at the time by the former Minister, Amara Konneh on March 7, 2013, claiming financial and other punitive damages for injuries allegedly sustained;

Whereas, the Ministry of Finance was duly summoned, i. e. served with the writ of summons, and returned served; and subsequently filed its responsive pleadings challenging the legal efficacy of Plaintiffs complaint;

Whereas all relevant pre-trial challenges in the form of motions filed by the defendant, were assigned, heard and disposed of, and the matter ruled to trial on its merits, and thereafter , a full trial was had, and the Ministry of Finance was adjudged liable to Plaintiff in the sums of:

1. US$450;000.00 (Four Hundred fifty Thousand United States Doflars as special damages;
2. US$500.000.00 as general damages; and
3. US$1s000,000.00 as punitive damages

Whereas, at the rendition of final judgment, the Ministry of Finance then represented by the State excepted to the ruling, and then announced a formal appeal to the Honorable Supreme Court of Liberia, and the matter has since been pending before the court undetermined;

Whereas, in an effort to resolve the matter, the parties have met and held discussions intended to specifically discontinue the court proceedings and find a negotiated settlement short of further litigation;

NOW THEREFORE, the parties have agreed as follows

1. Plaintiff
   1. That the Plaintiff agrees to discontinue further litigation of this matter and hereby commits to a negotiated settlement in good faith;
   2. That the plaintiff further agrees to absolve and hereby absolves the defendant of any and all liabilities either growing out of this matter now or in the future;
2. 3. That the defendant agrees to withdrawal and hereby withdraws its appeal filed before the

Honorable Supreme Court of Liberia;

4. That the defendant agrees to engage the plaintiff to a negotiated settlement by making a reasonable financial offer to be agreed upon by both parties short of further litigation; and

That the parties further agreed that they will live by the terms and conditions of this stipulation agreement and that it shall be binding on their assignees, representatives and all those whose interest they represent in this matter.

IN WITNESS WHEREOF, the parties hereto have caused to set and subscribed their respective names and signatures on the day and year first above written.

IN THE PRESENCE OF:

FOR: THE PROSECUTION/GOVERNMENT OF LIBERIA By:

Counsellor Sayma Syrenius Cephus

SOLICITOR GENERAL/CHIEF PROSECUTOR AUTHORIZED REPRESENTATIVE

FOR : THE PLAINTIFF BY:

Signed:

Alhaji Swaliho A. Sesay

COUNSELLOR-AT-LAW APPROVED:

His Honor Yussif D. Kaba

Associate Justice, Supreme Court of Liberia

Dated this 14^th day of August A. D. 2020″

The Court having reviewed the “Notice of Voluntary Withdrawal “and being satisfied that it is in keeping with the Rules of this Court, it is hereby:

ADJUDGED:

That the “Notice of Voluntary Withdrawal” is hereby granted and the appeal accordingly ordered withdrawn. The Clerk of this Court is ordered to have the appeal stricken from the docket of this Court and issue to the parties herein a Certificate of Withdrawal. AND IT IS

SO ORDERED.

GIVEN UNDER OUR HANDS AND THE SEAL OF THE

SUPREME COURT OF LIBERIA THIS 4^th DAY OF

CHIEF JUSTICE, SUPREME COURT OF LIBERIA

ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA

ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA

ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA

ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA