IB v Ochoada [2013] LRSC 18 (19 February 2013)
IB v Ochoada [2013] LRSC 18 (19 February 2013)
The Management of International Bank (IB) of Monrovia, Republic of Liberia
Appellant Versus Wilfredo C. Ochoada, Also of Monrovia, Republic of Liberia Appellee
PETITION FOR JUDICIAL REVIEW
JUDGMENT
When this case was called for hearing, Counselor Stephen B. Dunbar, Jr. of Dunbar & Dunbar Law Office appeared for the appellant. Counselor Yamie Quiqui Gbeisay, Sr. of the Tiala Law Associates, Inc. appeared for the appellee.
Having carefully listened to the oral arguments presented by the parties in support of their respective positions; and following further review of the facts and circumstances as detailed in the records certified to this Court; and further considering the laws applicable to those facts and }circumstances, it is hereby
ADJUDGED:
That the Final Judgment entered by the National Labor Court for Montserrado County, which reversed the ruling as well as the findings of fact therein concluded by the Labor Hearing Officer to the effect that appellee did not meet the preponderance of the evidence required standard, being unsupported by the facts in this case, the evidence adduced during the hearing as well as the laws thereto applicable, is hereby reversed and set aside. Consequently, the final ruling rendered by the Hearing Officer and his findings of fact therein that appellee did not produce such evidence as to warrant judgment in appellee’s favour that he was employed by Appellant International Bank (Liberia) Limited (IBLL), being a judgment supported by the records and the laws thereto appertaining, is therefore ordered reinstated.
The Clerk of this Court is ordered to send a mandate to the National Labor Court for Montserrado County ordering the judge presiding therein to resume jurisdiction over this case and give effect to this judgment. Costs are ruled against the appellee/plaintiff. AND IT IS SO ORDERED.
GIVEN UNDER OUR HANDS AND THE SEAL OF THE SUPREME COURT OF LIBERIA THIS 19TH DAY OF
FEBRUARY, A.D. 2013.
…
Francis S. Korkpor, Sr.
CHIEF JUSTICE a.i./SUPREME COURT OF LIBERIA
Kabineh M. Ja’neh
ASSOCIATE JUSTICE/SUPREME COURT
Jamesetta Howard Wolokollie
ASSOCIATE JUSTICE/SUPREME COURT
Philip A.Z. Banks, III
ASSOCIATE JUSTICE/SUPREME COURT