CBL v Movement for the Defence of Downtrodden [2014] LRSC 6 (10 January 2014)
CBL v Movement for the Defence of Downtrodden [2014] LRSC 6 (6 January 2014)
Central Bank of Liberia, represented by and thru its Executive Governor, J. Mills Jones, the Board of Directors and Officers, all of the City of Monrovia, Liberia MOVANT/APPELLEE v The Movement for the Defense of the Downtrodden, Represented by its Executive Director, Alfred G. Togba, Sr., the Board of Directors and Officers, all of the City of Monrovia, Liberia RESPONDENT/APPELLANT
MOTION TO DISMISS APPEAL
JUDGMENT
When the case was called for hearing, Counsellor Emmanuel B. James of the International Group of legal Advocates and Consultants appeared for the movant/appellee. Counsellor S. L. Lofen Keneah appeared for the respondents/appellants.
Following the announcements of representations, counsel for movant/appellee informed the Court that movant had filed a five-count motion to dismiss the appeal based on the fact that the respondents/appellants, although having announced an appeal from the judgment of the trial, filed a bill of exceptions, they had failed to comply with the other statutory requirements for perfection of the appeal, including that they had failed and neglected to file an approved appeal bond and to serve on the appellee and file with the clerk of court a notice of completion of the appeal, which two are mandatory preconditions for the perfection of the appeal and the assumption of jurisdiction by the Supreme Court, as evidenced by a Clerk’s Certificate issued by the Clerk of the Circuit Court for the Sixth Judicial Circuit, Montserrado County.
Counsel for respondents/appellants, having acknowledged the truthfulness of the allegations contained in the motion to dismiss, conceded to the legal soundness of the said motion, and spread upon the records of this Court the mentioned concession to the motion; and this Court, having carefully studied the motion to dismiss the appeal and the concession of the respondents’ counsel, and taken cognizance of the communication of counsel for appellant to the effect filed in the Office of the Clerk of Court; and convinced that there is support in the records and the law for dismissal of said appeal, it is hereby.
ADJUDGED
That the appeal taken by the appellants from the final judgment of the trial court in an action of damages for libel instituted by the movant/appellee against the respondent/appellants Court be and the same is hereby dismissed.
The Clerk of this Court is hereby ordered to send a mandate to the court below directing the judge presiding therein to resume jurisdiction over the case and enforce its judgment. Costs are adjudged against the respondents/appellants. AND IT IS HEREBY SO ORDERED.
GIVEN UNDER OUR HANDS AND SEAL OF THE HONOURABLE SUPREME COURT OF THE REPUBLIC OF LIBERIA THIS 10TH DAY OF JANUARY, A.D. 2014.
[Please see pdf file for signatures]