GOFFA DUO JOHNSON, Appellant, v. REPUBLIC OF LIBERIA, Appellee.

APPEAL IN CONTEMPT PROCEEDINGS. Argued April 2, 1964. Decided May 22, 1964. Where an appellant has failed to file a notice of appeal, the appeal will be dismissed. On appeal from a judgment in contempt proceedings, a motion to dismiss was granted. No appearance for appellant. Assistant Attorney General Roland Barnes for appellee. MR. JUSTICE WARDSWORTH delivered the opinion of the Court. At the call of the above-entitled cause of action, appellee submitted a motion to dismiss the appeal in this case, which motion, in its body, reads as follows : “Because appellee says that this Court has no jurisdiction over her because there has not been issued, served and returned a notice of appeal, the only legal means by which this Honorable Court takes jurisdiction over the appellee, as would more fully appear from a certificate issued from the office of the clerk of court. “Wherefore, in view of the foregoing, appellee prays that the appeal be dismissed and the judgment of the trial court affirmed.” Appellant being a resident of River Cess Territory, Grand Bassa County, a radiogram was sent to him on March 18, 1964, informing him of the assignment of this case for hearing on March 19, 1964; but up to the hearing 87 LIBERIAN LAW REPORTS 88 of the motion to dismiss his appeal on April 2, 1964, he had not acknowledged the receipt of the radiogram, nor did he appear to represent himself in person or by proxy. Appellee’s motion was buttressed by a certificate issued over the signature of the clerk of this Court which reads as follows : “This is to certify that from an inspection and perusal of the records sent to this Court, in the case : Goffa Duo Johnson, appellant, versus Contempt of Court Republic of Liberia, appellee. there is no notice of appeal filed up to the issuance of this certificate. “Given under my hand and the seal of the Supreme Court of Liberia, this ist day of April, 1964. [Sgd.] “CECILIA B. MOONEY Clerk, Supreme Court of Liberia.” In view of the foregoing, the Court has no alternative but to affirm the judgment of the court below. Therefore the motion is hereby granted and the judgment of the court below is hereby affirmed. And it is hereby so ordered. Appeal dismissed.