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Intestate Estate of the late Sarah Sirleaf v El-Bim et al. [2013] LRSC 40 (15 July 2013)

Intestate Estate of the late Sarah Sirleaf v El-Bim et al. [2013] LRSC 40 (15 July 2013)

Ahmadu V. Sirleaf, III and Bartu Dorley, Administrator and Administratrix of the Intestate Estate of the late Sarah Sirleaf, all of the City of Monrovia, Liberia INFORMANTS Versus Yessim EI-Bim, John Ghrib, Nashat Eid, Shouki Edi and Dilip Vassani, also of the City of Monrovia, Liberia RESPONDENTS

 

BILL OF INFORMATION

 

JUDGMENT

When this case was called for hearing, Counselors Theophilus C. Gould and Kathleen T. Makor of the Kemp & Associates Legal Consultancy chambers appeared for Informants. Counselor Nancy F. Sammy appeared for Respondents.

Having carefully examined the facts in these proceedings and in due consideration of the laws applicable thereto, it is hereby

ADJUDGED:

(1) That the mandate of November 22, 2011, issued by Madam Chambers Justice Howard Wolokolie instructing the enforcement of her predecessor Justice in Chambers’ mandate of February 19, 2010, which ordered a trial de novo, is hereby confirmed.

(2) Consistent with count one above, the Chambers Justice’s mandate of September 21, 2010, which gave rise to these proceedings, being an outcome of concealment by both counsels of material information respecting proceedings had at levels of the lower courts as well as the Supreme Court, it would amount to aiding a party in its wrong doing if this Court were to grant this bill of information. The information is hereby denied.

(3) The law in this jurisdiction is that a person disregarding the mandate of the Honorable Supreme Court is guilty of contempt and is subject to a penalty. This Court finds that both counsels, The Jones & Jones and The Kemp & Associates law offices, disregarded the November 22, 2010 mandate of the Supreme Court ordering a stay of all further proceedings and to forward the records of the case to this Supreme Court en banc. Consequently, they are each fined the amount of US$300.00 (Three Hundred United States dollars) to be paid in the National Treasury within 72 (seventy Two)

 

 

hours as of the date of the rendition of this Opinion and the receipts evidencing such payments exhibited to the Marshal of the Supreme Court.

The Clerk of this Court is ordered to send a mandate to the judge presiding in the court below to give effect to this judgment. Costs to abide final determination. AND IT IS HEREBY SO ORDERED.

GIVEN UNDER OUR HANDS AND THE SEAL OF THE SUPREME COURT OF LIBERIA, THIS 15TH DAY OF JULY, A.D. 2013.

Note: Madam Justice Howard Wolokolie’s mandate, being the subject of these proceedings, did not participate in the hearing and determination of this case; hence, did not sign this judgment.

Also, Madam Justice Yuoh, not having ascended to the Supreme Court Bench at the time of the hearing of this case, did not participate; hence, did not sign this judgment.

[Please see pdf file for signatures]

File Type: pdf
Categories: 2013