Brown v Kollie [2014] LRSC 34 (13 August 2014)
Brown v His Honor kollie et al. LRSC 34 [2014] (13 August 2014)
Allen R. Brown, Jr., of the City of Monrovia , Liberia, INFORMANT Versus His Honor Emmanuel M. Kollie, assigned Ciruit Judge, Civil Law Court, Sixth Judicial Circuit, Montserrado County, Mrs. Meata Hage Brown and Cllr. Laveli Supuwood, also of the City of Monrovia, Liberia, RESPONDENTS
BILL OF INFORMATION
JUDGMENT
When this case W3S called for hearing, Counsellors F. Musa Dean and Necular Y. Edwards of the Dean and Associates Law Firm appeared for the Informant. Counsellor J. Laveli Supuwood of the Supuwood Law Firm appeared for the Respondents.
After a careful examination of the records and laws controlling, it is hereby
ADJUDGED
That in consonance with Chapter 5 of the New Domestic Relations Law, spousal support is not dependent upon the filing of an action of divorce; it can be claimed for good cause where spouses are separated; and that the trial court can enforce its order for payment of temporary spousal support although the petition before it has not been heard, or where the party appeals the order made by the court.
That Informant Allen Brown having failed to comply with the trial court’s order to negotiate a monthly temporary support to his wife, he is ordered to pay to his wife, Co-respondent Meata Brown, a lump sum of Thirty Thousand United States Dollars (US$ 30,000.00), an amount this Court deems adequate for his refusal to pay spousal support as required by the Domestic Relations Law.
Further to the above, and pending the final disposition of the petition, the Informant is ordered to make a monthly payment of One Thousand Five Hundred United States Dollars (US$ 1,500.00) to his wife, Meata Brown as of the date of the handing down of this Opinion.
That this being a case of spousal support, and not a case of divorce, we cannot grant counsel fee as requested for by the appellee.
That Counsellors Musah F. Dean and Necular Y. Edwards, having filed the Bill of Information assigning reasons therefor other than those prescribed by law, and also having disobeyed the order of the trial court by filing this bill of information in bad faith, and by their further abuse of the remedial process, same being grave violation of the Code of Professional Ethics of Lawyers, Counsellor Musah F. Dean and Counsellor Necular Y. Edwards, is each ordered to pay Five Hundred United States Dollars (US$500.00) into government revenue within seventy-two (72) hours as of the handing down of this Opinion.
The Bill of Information having no basis in law same is hereby denied.
The Clerk of this Court ordered to send a mandate to the trial court ordering the judge presiding therein to resume jurisdiction over this matter and to give effect to this judgment. Costs to abide final determination. AND IT IS HEREBY SO ORDERED.
GIVEN UNDER OUR HANDS THE AND SEAL OF THE SUPREME COURT OF LIBERIA, THIS 13TH DAY OF AUGUST A.D 2014
[Please see pdf file for signatures]
Note: Mr. Chief Justice, Francis S. Korkpor, Sr. having traveled on official business when this case was heard, he did not participate in the hearing and determination of this matter. Hence, he did not signed this judgment.
Mr. Justice Philip A.Z. Banks, III, was present during the hearing of this case. However, due to medical reason, Mr. Justice Banks was absent from the Country when a determination of this case was made. Hence, did not sign this judgment.