Beyan et al. v King Peter’s Orphanage [2013] LRSC 49 (1 August 2013)
Beyan et al. v King Peter’s Orphanage [2013] LRSC 49 ( 1 August 2013)
Jones A. Beyan and Peter Toby of Congo Town And the City of Paynesville, Montserrado County APPELLANTS Versus King Peter’s Orphanage, represented by and thru its Founder, Joseph A. Flomo of the City of Monrovia, Liberia APPELLEE
APPEAL
JUDGMENT
When this case was called for hearing, Counsellor Moses Kron Yangbe, Sr. appeared for the appellants. Counsellor Charles Abdulai of Watch Law Chambers, Inc., appeared for the appellee.
Having thoroughly reviewed the facts and attending circumstances and duly considered the issues raised, and applying the laws controlling thereto, it is hereby
ADJUDGED:
1. That the final ruling entered by the trial court to the effect that a valid and enforceable contract existed between the parties imposing a duty on the appellants to execute a deed in favor of the appellee, King Peter’s Orphanage, being supported by law, is hereby affirmed;
2. That the ruling also by the trial court that appellants execute a deed in two weeks in favor of the appellee, failing which appellants shall be arrested and incarcerated in common jail, to be released only upon full compliance therewith, is also confirmed with the modification that upon failing to execute the deed, appellant shall be attached in contempt of Court;
3. That the ruling further entered by the trial court ordering the appellants to receive the amount of US$150.00 (One Hundred Fifty United States dollars), as the balance payment for the purchase of the two lots of land, same not having been proven by the appellee, is hereby modified and the appellee ordered to pay the amount of US$500.00 (Five Hundred United States dollars) to the appellants as the balance payment. This modification is based on appellant’s assertion and the Supreme Court having taken judicial notice of the prevailing market value of land in the area where the two lots, subject of these proceedings, are situated.
The Clerk of this Court is ordered to send a mandate to the judge presiding in the court below to resume jurisdiction over this case and give effect to this judgment. Costs are assessed against the appellants. AND IT IS HEREBY SO ORDERED.
GIVEN UNDER OUR HANDS AND THE SEAL OF THE SUPREME COURT OF LIBERIA THIS 1st DAY OF AUGUST, A.D. 2013.
Note: Madam Justice Yuoh, not having joined the Supreme Court Bench, did not participate in the hearing and determination of the case; hence did not sign this judgment.
[Please see pdf file for signatures.]