Jah v Scott et al [2006] LRSC 6 (6 January 2006)
Henry E. Jah of the City of Monrovia, Liberia, represented by REALCO, a Company duly organized and operating under the Law of the Republic of Liberia PETITIONER/APPELLANT VERSUS Her Honour Gloria M. Musu Scott, Judge of the Monthly and Probate Court for Montserrado county, Republic of Liberia, and Simon Dorbor, et al, also of the City of Monrovia, Liberia RESPONDENTS/APPELLEES APPEAL:
PETITION FOR A WRIT OF PROHIBITION
HEARD: NOVEMBER 14, 2005 DECIDED: JANUARY 6, 2006
JUDGEMENT WITHOUT OPINION
When this case was called for hearing, no Counsel appeared for both of the parties.
This Court then ordered the Clerk of the Supreme Court to read the Returns of the Marshall which in effect showed that the Notice of Assignment had been served on Respondents/Appellees’s Counsel, Findley and Associates, but that the Petitioner/Appellant could not be served due to the fact that he had been retired from his place of work (The Liberia Electricity, Corporation) sonic six (6) to seven (7) years ago; coupled with the fact that his residence could not be located by the Marshall, therefore it is hereby ADJUDGED:
That due to the number of terms, more than three (3) terms, that this case has been called and no one appeared, and in accordance with the Rules of the Supreme Court, Section 3, Part 3, Page 67, this case is ordered dismissed and is striken from the docket of this Court without Prejudice. The Clerk of this Court is hereby ordered to send a mandate to the court below to resume jurisdiction and give effect to this Judgement. Costs Disallowed. AND IT IS HEREBY SO ORDERED.
Given Under Our Hands And Seal Of This Honourable Supreme Court of Liberia This 6TH Day A.D. 2006 Of January
Henry Reed Cooper
CHIEF JUSTICE/SUPREME COURT OF LIBERIA
Francis s. Korl or, Sr.
ASSOCIATE JUSTICE/SUPRME COURT OF LIBERIA
Ishmael P. Campbell
ASSOCIATE JUSTICE/SUPREME COURT OF LIBERIA
Felicia V. Coleman
ASSOCIATE JUSTICE/SUPREME COURT OF LIBERIA
NOTE: Associate Justice Greaves being absent due to illness at the time of the hearing of this matter, hence did not sign this Judgement.