Hussenni v Brumskine [2013] LRSC 47 (1 August 2013)
Hussenni v Brumskine [2013] LRSC (1 August 2013)
Abdullah Hussenni, or AH to be identified, of the City of Marshall, Margibi County, Liberia APPELLANT/RESPONDENT VERSUS Charles W. and Estelle V. Brumskine of the City of Monrovia, Liberia .APPELLEES/MOVANTS
MOTION TO DISMISS APPEAL
JUDGMENT
When the case was called for hearing, Counsellor Charles W. Brumskine appeared for the movants/appellees Counsellor Cooper W. Kruah of the Henries Law Firm appeared for respondent/appellant.
Having heard the legal arguments and contentions advanced by the parties, reviewed the facts and circumstances contained in the records, and examined and studied the laws cited and relied upon by the parties, and being satisfied and convinced, upon examination of the controlling law, that the motion to dismiss has legal basis, it is hereby
ADJUDGED :
That the appellant, not having filed an adequate appeal bond, as the said bond is defective in many respects, including the articles of incorporation attached to the bond, the bond does not meet the requirement of the law. In addition, the appellant and his counsel, not having superintended the filing of the notice of completion of appeal, and the trial court’s record, being completely devoid of any evidence of such filing, and such filing, being one of the mandatory prerequisite of Chapter 51 of the Civil Procedure Law, Revised Code of Laws, for conferral of jurisdiction upon the Supreme Court to hear the appeal, this Court holds that it is without jurisdiction and authority to hear the said appeal. Accordingly, the Motion to Dismiss the appeal is hereby granted, and the appeal is dismissed.
The Clerk of this Court is hereby ordered to send a mandate to the Circuit Court for the 13th Judicial Circuit, Margibi County, commanding the judge presiding therein to resume jurisdiction over this case, and enforce the final judgment of that court, consistent with law. Costs are adjudged against the appellee/respondent.
GIVEN UNDER OUR HANDS AND SEAL OF THE HONOUR ABLE SUPREME COURT OF THE REPUBLIC OF LIBERIA THIS 1ST DAY OF AUGUST, A.D.2013.
Madam Justice Yuoh, not having ascended to the position of Associate Justice of the Supreme Court when this case was heard, did not sign this judgment.
[Please see pdf file for signatures]