HARRY GARTEH, Appellant, v. SONYA PAIMORE, Appellee.

APPEAL FROM THE CIRCUIT COURT, EIGHTH JUDICIAL CIRCUIT, NIMBA COUNTY. Argued March 20, 1973. Decided April 26, 1973. 1. Though the appellee does not appear, the Supreme Court on its own initiative will dismiss an appeal when the appeal bond and notice of completion of appeal have not been submitted. An appeal was taken from a ruling of the Circuit Court which turned over the matter pending before it to the Superintendent’s office in Nimba County, since administrative action appeared necessary. When the case was called before the Supreme Court, the appellee did not appear and the Court observed that the appeal bond and notice of completion of the appeal were missing. After an opportunity was given counsel to find the missing documents, the Court on its own initiative dismissed the appeal for failure to have perfected it. Raymond Hoggard for appellant. No appearance for appellee. MR. JUSTICE the Court. WARDSWORTH delivered the opinion of These summary ejectment proceedings were instituted in the Court of the Stipendiary Magistrate, Sanniquellie City, Nimba County, on December 2o, 1966, and were heard and disposed of on January io, 1967, in favor of Henry Garteh. It seems that Henry Garteh appealed his case to the Eighth Judicial Circuit Court, Nimba County, for review. According to counsellor Raymond Hoggard, one 51 52 LIBERIAN LAW REPORTS of counsel for appellant, these summary ejectment proceedings were instituted in the Magistrate Court. Having received judgment in his favor and realizing that the law requires such judgment to be enforced by a court of record, especially where title is involved, they appeared before the said circuit court to defend their rights, when they were informed by the court that the matter had been transferred to the Superintendent’s office in Nimba County to be administratively disposed of, as it partook of an administrative nature. Henry Garteh appealed this judgment or ruling to this forum. He argued that because a writ of possession from the Magistrate Court could not be legally enforced, he was compelled to apply to the Circuit Court for its issuance and enforcement, which was frustrated by the intervention of the County Superintendent of Nimba County and the acquiescence of the trial judge to the superintendent’s request. It is to be noted that when this case was called for hearing, appellee did not appear. Of greatest importance, however, is that the appeal bond and notice of completion of appeal are lacking. This is attributed to the careless and imprudent manner in which some lawyers are wont to handle the interests of their clients because of sheer indifference on their part. The Court demanded an explanation from counsel. He was asked to suggest a solution to the problem which he had created, the inability of the Court to consider the appeal in view of the failure to perfect it. Counsel submitted that he had perfected his appeal, and it was the neglect or failure of the clerk of court to have these documents transmitted along with the record to this Court. It was not his fault, he argued. He requested the Court to postpone the matter in order for him to determine whether or not the documents were in his files. The Court in response to his request suspended the matter with the express understanding that the ruling was reserved. Unfortunately, counsel has failed to further LIBERIAN LAW REPORTS 53 notify the Court in this matter which makes it conclusive that the appellant failed to complete his. appeal. In view of the foregoing, the appeal is hereby dismissed and the matter remanded to abide the ruling of the trial judge, with costs against appellant. It is so ordered. Appeal dismissed.