JOSEPH B. JOE, Appellant/Respondent, v. WILLIAM F. SATTO, Associate Magistrate of the Monrovia City Court, and NATHANIEL CASSELL, Movants/Appellees.

JUDGMENT WITHOUT OPINION

Decided: January 9, 1990

In May, A. D. 1986 a writ of summons for summary ejectment was prayed for by Mr. Nathaniel Cassell and was issued and duly served by the Monrovia City Court on Mr. Joseph B. Joe, the defendant. The defendant appeared and twice in succession requested a week’s adjournment, which requests were granted. At the end of the second week, he did not appear for the hearing and therefore a judgment by default was rendered against him.

Thereafter, Mr. Joe fled to the Chambers of His Honour Napoleon B. Thorpe, presiding by assignment in the Civil Law Court, Sixth Judicial Circuit, Montserrado County on a summary proceedings alleging irregularities in the trial of the case.

The judge conducted a hearing into the summary proceedings and concluded that the Associate Magistrate, His Honour William Satto, who tried the case in the Monrovia City Court committed no error. He therefore ordered said Monrovia City Court to enforce its judgement. Petitioner in the summary proceedings excepted, announced an appeal and filed a two count bill of exceptions, without more.

On the 2ndday of October, A. D. 1986, Messrs. William F. Satto, Associate Magistrate, and Nathaniel Cassell obtained a certificate from the clerk of the Civil Law Court confirming that Mr. Joseph B. Joe had filed a bill of exceptions on the 7th day of July, A. D. 1986, but that he had since failed and neglected to file an appeal bond and a notice of the completion of the appeal.

In consequence of said clerk’s certificate, a two-count motion to dismiss the appeal for failure of appellant to proceed was filed.

Upon the call of this motion before this Bench, Counsellor Alexander C. Zoe appeared for the appellees/movant, whilst no one appeared for the appellant. Counsel for appellees thereupon cited section 51.16, Civil Procedure Law, Rev. Code 1, in reference to appellant’s failure to appear on the hearing of the appeal, as well as section 10.7, Civil Procedure Law, Rev. Code 1, for appellant’s default on the motion by not filing a resistance thereto.
Wherefore, and in view of the motion and the laws cited, coupled with appellant’s failure to appear or resist said motion, it is hereby adjudged that the motion to dismiss be, and the same is hereby granted.

The Clerk of this Court is ordered to send a mandate to the trial court to resume jurisdiction and to order the Monrovia City Court to enforce its judgment as rendered. Costs are ruled against Joseph B. Joe, appellant. And it is hereby so ordered.

NOTE: Mr. Justice Kpomakpor did not sit on the hearing of this case. Hence, he did not sign this judgment. Mr. Justice Belleh, being absent when this case was heard, did not sign this judgment.