Dennis v Shiancoe et al [2013] LRSC 26 (20 February 2013)
Dennis v Shiancoe et al, [2013] LRSC 26 (20 February 2013)
Wilmot Dennis and Henry W. Dennis, Administrators of the Intestate Estate of the late Wilmot F. Dennis of the City of Paynesville, Montserrado County, Liberia, INFORMANTS Versus Jonathan Shiancoe and Samuel Vaye of 772nd Paynesville Monrovia, Liberia, RESPONDENTS
BILL OF INFORMATION
JUDGMENT
When this case was called for hearing, the informants were represented by Counsellors Richard K. Flomo, Dempster Brown, and Sayma Julius Syrenius Cephus.. The respondents were represented by Counsellor David B. Gibson of the Wright, Jangaba & Associates Law Firm.
Having heard the legal arguments presented by both sides of this bill of information before us, reviewed the facts and the applicable laws thereto, and considering the laws relied on and cited by the parties, it is hereby
ADJUDGED:
That our law provides a mechanism for reporting on the improper enforcement of a Supreme Court’s mandate. The proper document required to be filed where a party protests the improper execution of a mandate from the Supreme Court is a bill of information which must be filed before the Full Bench, and not a petition for a writ of prohibition before a Chambers Justice.
The stay order of the ad hoc Chambers Justice, being in error, and his action being tantamount to interference with the mandate of the Supreme Court, the bill of information will lie.
That the respondents’ counsel, Counsellor David B. Gibson who assisted his clients in baffling and delaying the enforcement of the Court’s mandate in its administration of justice is in contempt of Court and in further violation of Rule 1 of the Lawyers Code of Professional and Legal Ethics. Counselor David B. Gibson hereby fined the sum of Three Hundred United States Dollars (US$300.00) into government’s revenue within seventy-two (72) hours as of the date of the handing down of this opinion.
That the informants having brought to this Court’s attention that Jonathan Shiancoe, co-respondent in this bill of information, had gone on to sell portion of the informants’ property few days after this matter was called for hearing and the matter still pending final determination, an accusation which is a further indication of the co-respondent lack of respect and regard for the authority of the courts, any said sale of property by the Co-respondent Jonathan Shiancoe which falls within the parcel of land demarcated as the Dennis’s property is void ab initio and therefore of no effect.
The stay order of the ad hoc Chambers Justice James Zotaa is hereby ordered lifted, and the Clerk of this Court is mandated to send an order to the Court below to put the informants in possession of their property as per the Supreme Court’s mandate, evicting the respondents and all others in privy with them. Costs are ruled against the respondents. AND IT IS HEREBY SO ORDERED.
GIVEN UNDER OUR HANDS AND THE SEAL OF THE SUPREME COURT OF LIBERIA THIS 20TH DAY OF FEBRUARY, A.D. 2013.