HANNAH D. DADZIE, Appellant, v. PETER K. DADZIE, Appellee.

MOTION TO DISMISS THE APPEAL FROM THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, MONTSERRADO COUNTY. Argued March 20, 1968. Decided June 14, 1968. 1. The failure to file an approved appeal bond within sixty days after judgment has been rendered, constitutees an omission fatal to the appeal upon a motion brought to dismiss the appeal. One hundred twelve days after final judgment had been rendered, appellant had not yet filed an approved appeal bond, though having served and filed a bill of exceptions. Upon the motion of appellee to dismiss the appeal for failure to perfect it within the statutory time requirements, the motion was granted and the appeal dismissed. Michael M. Johnson for Appellant. Pelham for Appellee. Samuel E. H. MR. JUSTICE SIMPSON delivered the opinion of the court. Appellee in the above-entitled cause of action obtained a judgment in the court below in respect to an action of ejectment. Thereafter, appellant announced an appeal from that final judgment to this Court for a review of the aforesaid judgment and the antecedent interlocutory rulings of the trial judge. Subsequent to the announcement of appeal, the appellant proceeded in an endeavor to perfect the appeal by commencing the jurisdictional steps made mandatory by statute. As an initial endeavor to comply with statutory requirements, the appellant prepared, and thereafter filed, an approved bill of exceptions. In a motion brought to dismiss the appeal, count one of 7 8 LIBERIAN LAW REPORTS the motion averred that irrespective of the provisions of law with regard to the filing of a bill of exceptions, thereafter, and within sixty days after rendition of final judgment, an approved appeal bond, together with a notice of completion of appeal, should be filed and served. One hundred twelve days had elapsed and appellant had, in fact, not completed the’se essential jurisdictional steps. In support of these averments, a copy of the certificate issued by the assistant clerk of the Circuit Court, Sixth Judicial Circuit, was appended to the motion. Thereupon, an opposing affidavit was filed on November 23, 1967, by appellant, purportedly countering the motion. However, when the cause was called for hearing, argument urging the acceptance of the legal sufficiency of the motion was clearly advanced. The Court has but to cite at this point that, in accordance with our Civil Procedure Law, 1956 Code, tit. 6, � 1014, “failure to file an appeal bond within the specified time or filing of an insufficient bond shall be grounds for dismissal of appeal.” It is evident that the first portion of the above statute was violated since, in accordance with the certificate of the lower court, much more than sixty days had elapsed and no bond had been filed. It is obvious that in the absence of the filing of the bond, no notice of completion of appeal could have been served on appellee. In view of the above, this Court has no alternative but to dismiss the appeal and order the clerk of the Court to send a mandate to the lower court commanding the judge thereof to effect an immediate enforcement of the judgment. Costs are ruled against appellant. And it is hereby so ordered. Motion granted.