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Dennis v The Management of Prestige Motor Corp (2018)

Samuel Dennis of the City of Monrovia, Republic of Liberia Movant Versus The Management of Prestige Motors Corp also of the City of Monrovia, Republic of Liberia Respondent

 

Petition for the Enforcement of Judgment

Unfair Labor Practice/Wrongful Dismissal

 

 

 

Motion to Dismiss Appeal

 

JUDGMENT WITHOUT OPINION

When this case was called for hearing, Counsellor Frances Johnson Allison of Johnson, Allison and Associates Law Chambers, Inc., appeared for the movant/appellee. Counsellor Amara M. Sheriff of the J. Johnny Momoh and Associates Legal Chambers appeared for the respondent/appellant.

The counsel for the respondent, Counsellor Amara M. Sheriff, by leave of Court, made a submission on the minutes of Court informing the Court that he concedes the legal soundness of the motion to dismiss the appeal filed by the movant/appellee. The counsel spread on the minutes of Court the following:

“At this stage, counsel fortherespondent begs leave of Court and says that his firm was retained as additional counsel when all of the procedural steps required by law had elapsed at the instance of the previous counsel. The records revealed that the respondent/appellant did not file a petition for judicial review within 30 days as required by law; neither did it file a notice of completion of appeal. And this Court, speaking unanimously through Madam ‘Justice’%Yuoh, in the case: Sayeh vs. LTA, held that any party dissatisfied with the decision of a hearing officer should file a petition for judicial review within 30 days. After 30 days, the decision of the hearing officer shall be final and conclusive. This step was never complied with in the instant case. The original counsel of records did not perfect these jurisdictional steps for reasons we do not know. Therefore, this motion to dismiss the appeal being in the province of the law, counsel for respondent says that he concedes the legal soundness of the motion. And respectfully submits.

To the above submission, the counsel for the movant/appellee interposed no objection.

This Court, having carefully considered the submission made by the counsel for respondent/appellant, and having ascertained from the said counsel as to whether his client had full knowledge of and acquiesced to the submission made, and the counsel answered in the affirmative; and this Court having perused the motion and being satisfied that it is in conformity with the laws controlling, it is hereby:

ADJUDGED:

That the movant/appellee motion to dismiss is hereby granted. The Clerk of this Court is ordered to send a mandate to the judge presiding in the court below to resume jurisdiction over this case and give effect to this judgment. Costs are ruled against the respondent/appellant. It is hereby so ordered.

GIVEN UNDER OUR HANDS AND THE SEAL OF THE SUPREME COURT OF LIBERIA, THIS 12th DAY OF APRIL, A.D. 2018.

File Type: pdf
Tags: concession by counsel, concession of motion, dismissal of appeal, Failure to Perfect Appeal, Finality of Hearing Officer Decision, hearing officer, judgment without opinion, jurisdictional requirements, Labor Dispute, Motion to dismiss appeal, Notice of Completion of Appeal, perfection of appeal, petition for enforcement of judgment, Petition for Judicial Review, Prestige Motors Corporation, Samuel Dennis, Statutory Time Limit, Supreme Court of Liberia, thirty-day statutory period, Unfair Labor Practice, Wrongful Dismissal