P. 0. CONNELL, Appellant, v. THOMAS B. MORRIS, Curator of Intestate Estates for Sinoe County, HEZEKIAH D. MONGER, and RHODA BROWN-COOPER, Administrators of the Estate of WILLIAM BEN BROWN, Appellees.

MOTION TO DISMISS APPEAL FROM THE MONTHLY AND PROBATE COURT, MONTSERRADO COUNTY. Argued November 5, 1968. Decided February 6, 1969. 1. The failure to serve a notice of appeal upon the appellee, and to duly file proof of service thereof, is a valid ground’ for dismissal of an appeal. 2. The Supreme Court will take cognizance of matters of record only upon the face of certified copies of the proceedings in the lower court transmitted through the proper channels. 3. The failure of court personnel to perform some ministerial act required of them cannot be claimed as an excuse for the failure of a party to have done something required of him. A motion was made to dismiss the appeal for failure to serve a notice of appeal. The appellant submitted a certificate from the sheriff to whom the notice of appeal had allegedly been given for service, stating that service had been effected and the return had been given by him for filing to the clerk in the lower court. The motion was granted, the appeal dismissed. Clarence 0. Tuning for appellant. Peter K. Foka for appellees. MR. JUSTICE ROBERTS delivered the opinion of the court. At the call of this case it was noted that appellees had made a motion to dismiss the appeal on the ground that the notice of appeal had not been served upon the appellees. The failure to serve a notice of appeal and to have the 136 LIBERIAN LAW REPORTS 137 return filed by the Sheriff, is a valid ground for dismissal. Civil Procedure Law, 1956 Code 6:1020; Greaves v. Johnstone, [1913] LRSC 10; 2 L.L.R. 121 (1913) ; Johnson v. Republic of Liberia, [1964] LRSC 40; 16 L.L.R. 87 (1964). In this case, appellant maintains in his affidavit that the notice of appeal was served and duly returned, but the clerk of the Probate Court omitted transcribing the sheriff’s return. To verify this they made profert of a certificate issued by the sheriff of said court dated November 4, 1968, four days after the motion was ‘filed, indicating service of the notice of appeal and the filing thereof. How this certificate was procured from Sinoe County to form part of appellant’s opposing affidavit is unknown. This Court has stressed that it will not accept documents or papers brought into Court for consideration as a part of the record certified to us, except in the prescribed way. In Karnga v. Williams, [1952] LRSC 28; 11 L.L.R. 299 (1952), Mr. Justice Barclay, speaking for the Court, said, at p. 3o1: “This Court takes cognizalke of matters of this nature, [i.e., of record] only upon the face of certified copies of the proceedings in the lower court transmitted through the proper channel, . . .” Appellants assert that it is the function of the clerk of the court to give notice to the appellee and his failure to do so should not prejudice the rights of appellants. This leads us to repeat the views expressed by this Court in Mciluley v. Laland, [1894] LRSC 1; 1 L.L.R. 254 (1894), at p. 255 : “And while we must admit the binding force of the legal maxim that ‘the acts of the court should prejudice no man,’ we are of the opinion that the acts of the court should be carefully distinguished from the unauthorized, unlawful or neglectful actions of its officers or of the parties to the suit. The neglect or omission of one of the said parties to do, or to cause to be done, any act essential to the progress of a case must be taken as a waiver of his rights, and it would be decidedly prejudicial to the lawful rights of the opposite 138 LIBERIAN LAW REPORTS party for the court to allow such waiver to be made and withdrawn at the pleasure of his opponent.” This Court is of the opinion that the notice of appeal is an essential part of an appeal and the failure to serve and file it is sufficient ground to dismiss the appeal if properly attacked. In view of the foregoing, the motion is granted and the appeal hereby dismissed with costs against appellant. And it is hereby so ordered. Motion granted.