JOHN DELINE and F. JALLAH, Informants, v. HIS HONOUR BENJAMIN WARDSWORTH, Assigned Circuit Judge, Sixth Judicial Circuit, Montserrado County, JOSEPH WESSEH, MIATTA GRAY, and FOMA KONNEH, Respondents.
JUDGMENT WITHOUT OPINION
Decided: June 15, 1979.
When this case was called, Counsellor Daniel Draper appeared for informants, and Counsellor M. Fahnbulleh Jones appeared for the respondents. In reviewing the bill of information, returns and records in this case, it is observed that respondents have alleged in count one of their returns the following:
“Because respondents say they were not parties to that action of ejectment out of which this information grows, nor were they placed under the jurisdiction of the trial court or the Supreme Court, voluntarily or involuntarily, with or without precepts, any judgment rendered in the ejectment action by the trial court and the Supreme Court of Liberia does not and cannot bind or affect them. Respondents request court to take judicial notice of the parties to the action of ejectment, and the judgment of this Court rendered 30th June, 1978.”
We are in complete agreement with this contention of the respondents, and therefore uphold their position.
According to the record before us, judgment rendered by this Court on the 30th of June, 1978, in the action of ejectment out of which these proceedings grow, has not as yet been enforced as commanded. It is therefore adjudged that the information filed before us should be and the same is hereby dismissed with costs against the informants. The Clerk of this Court is ordered to send a mandate down to the court below commanding the judge residing therein to resume jurisdiction over the action of ejectment, and enforce the judgment rendered by this Court on the 30th of June, 1978; and that he make returns within ten days of this judgment to the effect that our order has been satisfactorily obeyed. The judge will also have the persons who were not parties to the said action of ejectment restored to the positions in which they were previous to respondent Judge Wardsworth’s interference with an enforcement of the said judgment of June 30, 1978. Any further interference with the judgment will call forth contempt proceedings against anyone responsible. And it is so ordered.