The Intestate Estate of the late Toure v Barh et al. [2015] LRSC 16 (19 February 2015)
The Intestate Estate of the late Toure v Barh et al. [2015] LRSC 16 (19 February 2015)
Mohammed M. Toure, Administrator of the Intestate Estate of the late Sekou M. Toure, of the city of Monrovia, Liberia, MOVANT/APPELLEE Versus Dr. Benson Barh, Ezekiel Sackor, David Wing, Cecient William Gbala, Ringo Kamara, William David, Agnes Juah Boe & Children, and all occupants to be Identified on said premises, all of Montserrado County Republic of Liberia, RESPONDENTS/APPELLANTS
MOTION TO DISMISS APPEAL
JUDGMENT WITHOUT OPINION
When this case was called for hearing, Counsellor Scheaplor R. Dunbar of the Pierre, Tweh & Associates Law Firm appeared for the movant/appellee. Counsellor Charles Abdullai of the Watch Law Chambers appeared for the respondents/appellants.
At the call of the case before us for argument, Counsellor Charles Abdullai made a submission on the minutes conceding the legal soundness of the motion to dismiss the appeal for reason that the respondents/appellants failed to file an appeal bond and to serve and file a notice of completion of appeal. He informed this Court that the respondents/appellants informed him that their title deeds had been set aside by the Supreme Court in an earlier suit decided by this Court, therefore, there was no useful purpose of further pursuing the case, given the previous decision by this Honorable Court. Hence, there was no need to perfect the appeal to confer jurisdiction on the Supreme Court to hear the case on its merits. To this submission, the Counsel for movant/appellee interposed no objection.
WHEREFORE, and in view of the foregoing, it is hereby
ADJUDGED:
That the submission made by the Counsel for respondents/appellants conceding the motion to dismiss the appeal is hereby granted. The appeal is ordered dismissed. The Clerk of this Court is ordered to send a mandate to the judge presiding in the court below to resume jurisdiction over this case and enforce the final judgment in ejectment out of which the appeal emanated. Costs are ruled against the respondents/appellants. It is so ordered.
GIVEN UNDER OUR HANDS AND THE SEAL OF THE SUPREME COURT OF LIBERIA THIS 19th DAY OF FEBRUARY. A.D. 2015.
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