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The American International School of Monrovia (AISM) v The Intestate Estate of the Late Dan Orogun (2019)

The American International 3chQ0t’ of Monrovia (AISM), Cid Road,) Congo Tcwn, Represcnted by its Direc.for, Jaff Trudeau, and ) all officers acting under its control and authortey, also of the Cily of Monrovia, Republic of Liberia APPELLANT. Verus The intestate Estate of the Late Dan Orogun of the Cityy of Monrovia, Liberia ..APPELLANT

APPEAL

ACTION OF DEBT

 

On August 16, A.D. 2019, the counsel for the appellant, the Heritage Partners & Associates, inc. and the counsel

For the appellee, Counsellor Jamal C. Dahtho, along, with the partios field with the Clerk of this Court,, a JOINT STIPULATION OF DISCONTINUACE, WITHDRAWAL & ABATEMENT, requesting the Court to withdraw the appeal announced by the appellant on November 26, 2015, from the ruling of Her Honor Eva Mappy Morgan, Chief Judge of the Commarcial Court of Liberia during its November 2015 Term. The Joint Stipulation of Discontinuance, Withdrawal & Abatement was approved

by His Honor Joseph N. Nagbe, Associate Justice of the Supreme Court of Liberia, in compliance with

Rule Ill, Part 2 of the Revised Rules of the Supreme Court. The Joint Stipulation reads as follows:

JOINT STIPULATION OF DISCONTINUANCE WITHDRAWAL & ABATEMENT

We, undersigned, American International School of Monrovia, appellant, versus The Intestate Estate of Dan Orogun, represented by its Administratrix/Widow, Mrs. Isoima Orrogun, appellee, in the aboveentitled cause of action, most respectfully pray Your Honor for the discontinuance, withdrawal and abatement of, and hereby discontinue, withdraw and abate the aforesaid cause of action, and thereby terminate the appeal in the underlying action of debt, filed by the plaintiff/appellee, for legal and factual  reasons showeth, to wit:

  1. That Chapter 11, Section 11. 6(2) of the Liberian Code of Laws Revised Civil Procedure Law, Title 1 provides that “Except as provided in paragraph 1, an action shall not be discontinued by the claimant except upon order of the court and upon such terms and conditions as the court and conditions as the court deems proper.
  2. That in full knowledge of the law cited above, and a certain Settlement Agreement executed on

the 31 st day of July A.D. 2019, by and-between the appellant and appellee, in the presence and with the full participation of their legal counsel, the appellant and appellee have instructed their respective legal counsel to file a Joint Stipulation of DISCONTINAUNCE, WITHDRAWAL AND ABATEMENT to the effect that:

  1. The above-mentioned action of debt brought against the appellant/defendant and the entire action be and same is hereby discontinued, withdrawn, abated and terminated with utmost

prejudice, now and forever; and

  1. That the Joint Stipulation of Discontinuance, Withdrawal, and Abatement be filed by the Clerk of the Honorable Supreme -Court of the Republic of Liberia, and by that filing, the entire action, in its entirety, be and is hereby terminated with utmost prejudice, now and forever.

Respectfully submitted by:

The Intestate Estate of Dan Orogun,

Represented by and thru its Administratri%Widow, Isioma Orogun Respectfully submitted by its Legal Counsel:

HERITAGE PARTNERS & ASSOCIATES, INC.

HERITAGE HOUSE, 1 HERITAGE DRIVE

OLD ROAD JUNCTION, CONGO TOWN

J. AWIA VANKAN LUCIA D. S. GBALA
COUNSELLOR-A T-LAW COUNSELLOR-AT-UW
YAFA B. BAIKPEH ABRAHIM SALLAH, SR.
COUNSELLOR-AT-LAW COUNSELLOR-AT-LAW

MONTE-SERRADO COUNTY, LIBERIA

AND

American International Scholl of Monrovia,

Represented by and thru its Director, Mr. Jeff Trudeau

JAMAL C. DEHTHRO

COUNSELLOR-AT-UW

APRROVED:

HIS HONOR JOSEPH N. NAGBE

ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA REPUBLIC OF LIBERIA

The Court having reviewed the Joint Stipulation of Discontinuance, Withdrawal & Abatement, along with the Settlement Agreement and being satisfied that the instruments meet the requirements of the law, it is hereby

That the Joint Stipulatiori- of Discontinuance, Withdrawal & Abatement along with the Settlement  Agreement are approved and hereby granted; accordingly, the appeal is 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. Costs to be paid as provided for in the Rules of the Supreme Court. AND IT IS SO ORDERED.

GIVEN UNDER OUR HANDS AND THE SEAL OF THE

SUPREME COURT OF LIBERIA

Joseph N. Nagbe

Note: Madam Justice Jamesetta H. Wolokolie having traveled at the time the Joint Stipulation of Discontinuance, Withdrawal & Abatement was filed, she did not participate in its determination. Hence, she did not sign this judgment.

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