Goll v Kaidii [2006] LRSC 19 (18 August 2006)
Wilmot B. Goll of the City of Monrovia, Liberia,…APPELLANT/MOVANT Versus Momolu Z. Manobah and Lawrence Kiadii of the City of Monrovia, Liberia,…APPELLEES/RESPONDENTS
APPEAL
JUDGMENT WITHOUT OPINION
When this case was called for hearing, Counsellor Sylvester S. Kpaka appeared for the Appellant/Movant; while Counsellor M. Wilkins Wright of Wright, Jangaba & Associates Law Firm and Counsellor George S. B. Tulay of Tulay & Associates appeared the Appellees/Respondents.
Counsel for Appellant/Movant having conceded and agreed with counsel for Appellees/Respondents that the Judge of the Civil Law Court erred when he entered final judgment on the jury’s verdict instead of sending the case back to the Probate Court, which had referred the case to the Civil Law Court for a trial by jury, to enter final judgement, it is hereby ADJUDGED:
That this case be and the same is hereby remanded to the Civil Law Court for a new trial with instruction that the jury’s verdict in the new trial be sent to the Probate Court who will then enter final judgement on the verdict. The Clerk of this Court is hereby ordered to send a mandate to the court below commanding the judge presiding therein to resume jurisdiction and give effect to this judgment. Costs to abide final determination. AND IT IS HEREBY SO ORDERED.
GIVEN UNDER OUR HANDS AND SEAL OF THE HONOURABLE SUPREME COURT OF LIBERIA, THIS 18TH DAY OF AUGUST A.D. 2006.
Johnnie N. Lewis
CHIEF JUSTICE, SUPREME COURT OF LIBERIA
Francis S. Korkpor
ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA
Gladys K. Johnson
ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA
NOTE: Mr. Justice J. Emmanuel Wureh participated in the hearing of this case but did not sign this Judgment due to his death.