Dennis v His Honor J. Boima Kontoe (2019)

Ernest E. Dennis of the City of Paynesville, Montserrado County, Republic of Liberia nformant versus His Honor J. Boima Kontoe, assigned Judge, sixth Judicial Circuit, Civil Law Court, Montserrado County, Republic of Liberia, the Sheriff and his Deputy and Bai!iffs of the Sixth Judicial Circuit Court, Montser rado, Repubiic of Liberia Respcndents

MOTION TO DISMISS

APPEAL

JUDGMENT WITHOUT OPINION

When this case was caⁱ. ⁱ.cd for hearing, Counsellor Tiawcn S. Gongice of and Associates, Inc.

appeared far the informant. No counsel appeared for thc respondents.

The Court observed from the records that during the October 2018 Term, the Informant, Ernest E.

Dennis, by and through his Counsel, the Congloe & Associates, Inc. represented by Counsellor Tiawon

1. Gongloe, requested the Court to abate these proceedings for reason that the parties have no issue in dispute anymore; that a third party had purchased the disputed property and compensated both the informant and Co-Respondent Mary Kpoto; whereupon this Court gave the parties one week to file a joint stipulation of voluntary withdrawal of the bill of information filed by the informant so that this matter could be stricken from the Docket of this Court in accordance with the Rules of the Supreme Court.

Accordingly, on October 23, 2018, the counsels representing the parties filed a joint stipulation for voluntary discontinuance with the Clerk of the Supreme Court which reads as follows:

Dear Mr. Clerk:

NOTICE OF STIPULATION FOR VOLUNTARY DISCONTINUANCE

Upon receipt of this communication, you wiil please spread upon the records of this Honorable Court that the counsels of records for both parties (Plaintiff & Defendants) in the above  captioned case, in keeping with Section 11.6 (l)(b) of ILCLR, page 121, hereby sign and file this Stipulation of Notice of Voluntary Discontinuance as follows; to wit:

1. That counsels for Informant have offered to discontinue the above captioned cause of action based on instructions from their clients.
2. That the withdrawal by the Informants of this case is without prejudice.
3. That counsel f0Mespondents has accepted and agreed to said offer of discontinuance without prejudice to either party in this case.

Now therefore, counsels for the parties have agreed to discontinue the hereinabove-captioned case and do hereby respectfully request this Honorable Court to approve the said stipulation and have the above mentioned Bill of Information stricken.

Dated this 23^rd day of October 2018

Approved:

Jameset!a H. Wolokolie Associate Justice

Supreme Court of Liberia”

Having carefully perused the joint stipulation of voluntary withdrawal filed by the parties and approved by our Colleague, Madam Justice Jamesetta H. Wolokolie, and being satisfied that it is in accordance with the Rules of the Supreme Court, it is hereby

ADJUDGED:

That the Joint Notice of Voluntary Discontinuance filed by the parties through their respective counsels is hereby granted and the Bill of Information filed by the informant accordingly ordered stricken from the Docket of this Court. Costs are ruled against the informant. AND IT IS HEREBY SO ORDERED.

Joseph N. Nagbe

ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA

Note: Mr. Justice Yussif D. Kaba not having ascended to the Supreme Court Bench at the time this case was heard, he did not participate in its hearing and determination. Hence, he did not sign this judgment