Bodio et. al., v Wilson et. al [2015] LRSC 39 (13 August 2015)
Bodio et. al., v Wilson et. al. [2015] LRSC 39 (13 August 2015)
Gregory W. Bardio, Nyantta Bodio, Lurie Bodio, Himmie Bodio, Teddy Bodio and Hanta Bodio, Administrators of The Intestate Estate of the late James T. Bodio and Isaac Newton, Administrator of the Intestate Estate of the late David D. Richards, Sr. of the City of Monrovia, Liberia, Appellants Versus The Estate of the late Henry Dior Wilson, Represented By its Administratrix, Gbour S. Wilson and His Honor Peter W. Gbeneweleh, Appellees
APPEAL
JUDGMENT WITHOUT OPINION
When this case was called for hearing, Counsellor Sunifu S. Sheriff appeared for the appellants. Counsellor Milton D. Taylor of the Law Offices of Taylor & Associates appeared, for the appellee.
Counselor Sunifu S. Sheriff, counsel for appellants/defendants, by leave of Court, made a submission on the minutes of Court informing us that the parties hereto have entered into an agreement of voluntary discontinuance on terms that the appellants/defendants will evacuate the land, subject of this appeal, on or before August 7, 2015, and turn said land over to appellee/plaintiff. He further informed us that the appellee/plaintiff has agreed in the agreement for voluntary discontinuance to receive the amount of US$10,000.00 (Ten Thousand United States Dollars) from the appellants/defendants as damages for the wrongful withholding of appellee/plaintiffs land. The records show that both counsels signed the agreement of voluntary discontinuance on behalf of their respective clients which was approved by Mr. Justice Kabineh M. Ja’neh in keeping with the Revised Rules of the Supreme Court. To this submission, the counsel for appellee/plaintiff interposed no objection.
WHEREFORE, and in view of the foregoing, it is hereby
ADJUDGED:
That the Court having considered the submission made by the counsel for appellants/defendants, perused the agreement for voluntary discontinuance and being satisfied that the voluntary discontinuance is in conformity with the Revised Rules of the Supreme Court, hereby grants the submission requesting for voluntary discontinuance. Accordingly, the appeal is discontinued and ordered dismissed.
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 ruled against the appellants/defendants. It is so ordered.
GIVEN UNDER OUR HANDS AND THE SEAL OF THE SUPREME COURT OFLIBERIA THIS 13th DAY
OF AUGUST, A.D. 2015
[Please see pdf for signatures]
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