Catakaw et al v Karweh [2010] LRSC 26 (29 June 2010)
B. Miller Catakaw, Kaba and all working under the scope of their authority also of the City of Monrovia, Liberia MOVANTS/APPELLEES VERSUS Joseph Karweh of the City of Monrovia, Liberia RESPONDENT/APPELLANT
MOTION TO DISMISS APPEAL
HEARD: March 30, 2010 DECIDED: June 29, 2010
MADAM JUSTICE WOLOKOLIE DELIVERED THE OPINION OF THE COURT
Movants/Appellees in an action of Summary Ejectment filed before the Sixth Judicial Circuit, Montserrado County sitting in its June Term A.D.2007, and in whose favor a final ruling was made on August 6, 2008, has filed before this Court a motion to dismiss the appeal of the appellant/respondent.
Movants say that when judgment was rendered in their favor, the appellant/respondent announced an appeal to the Honorable Supreme Court of Liberia, and filed a bill of exceptions within the statutory time as provided for by our Civil Procedure Law 1LCL revised, §51.7. Thereafter, appellant/respondent failed to file and serve an approved appeal bond, and to have the clerk below issued and the movant/appellee served a notice of completion of appeal, filing the original of said copy of the notice of completion of appeal with the court in compliance with the requirement and time stipulated in our Civil Procedure Law, 1LCL Revised §51.8 & 9.
Movants/Appellees proffered with its motion to dismiss a Clerk’s Certificate dated the 8th day of October 2008, verifying that no appeal bond and notice of completion of appeal had been filed with the court below. It was not until the 15th day of October, 2008, seventy (70) days after the Judge’s final ruling, did the respondent file the appeal bond and the notice of completion of the appeal.
At the hearing of the motion, respondent’s counsel admitted to filing his appeal bond and notice of completion of appeal after 60 days; thereby, failing to meet the statutory requirement for perfecting an appeal.
This Court has consistently held that requirements for the completion of appeal are all jurisdictional steps, and failure to comply with any of the requirements within the time allowed by statute shall be ground for dismissal of the appeal.
Chief Justice Wilson speaking on behalf of this Court, on a motion to dismiss an appeal, stated, “Under our constitutional system of division of powers among the executive, legislative and judicial branches of government, this court has no power to vary the provisions of the statute which prescribes the mandatory prerequisites for completion of appeals. It matters not how loathe we may be to dismiss an appeal and deny the appealing party the benefit of our review of his case, we can not do so where any of the jurisdictional steps mandatory required by statute are not timely taken.” SAID SAUID vs, M. GEBARA, 15ILLR 598, 602, (1964).
IN VIEW OF THE FOREGOING, this Court having no discretion under the circumstances, grants the motion of the movant/appellee and dismisses the appeal with cost against the respondent/appellant. And it is hereby so ordered.