Weeks v Republic of Liberia (2020)
Milton A. Weeks of the City of Monrovia, Liberia. AppELLANT VERSUS Repubiic of Liberia. APPELLEE 2nd RESPONDENTS AppEAL
PETiTlON FOR A WriT OF CERTIORARI
JUDGMENT WITHOUT OPINION
When this case was called for hearing, Counsellor Mark M. M. Marvey appeared for the appellant. Counsellor Lafayette B. Gould, Sr., Legal Counsel, Ministry of Justice, appeared for the appellee.
The counsel for the appellant, Counsellor Mark M. M. Marvey made a submission Informing the Court that the parties, by and thrcugh their counsels, had filed a Joint Stipulation of Withdrawal and Abatement in which they agreed to withdraw the appeal announced to this Court and accept the ruiing of Mr. Justice Yussif D. Kaba made in a certiorari proceedings while presiding in Chambers. He therefore requested this Court to issue the necessary order(s) leading to the formal withdrawal of this case in keeping with the Rules of the Supreme Court. To this submission, the counsel for appellee/petitioner interposed nc objection.
The Court, in addressing the submission, referred to Supreme Court Rule # 3, Part 2, on withdrawal of cases which states:
‘Whenever the appellant and appeflee or the petitioner and respondent shall in vacation by themselves or either counsel signs and fi!es with the Clerk an agreement in writing directing the cause to be withdrawn and specifying the terms on. which it is to be withdrawn as to cost, shall pay to the Clerk any fee that may be due him and the ministerial officers. It shall be the duty of the Clerk to enter the case withdrawn upon the approval of the Chief Justice or any Justice of the Court and to give either party requesting, a certificate of withdrawal.”
Having reviewed the Joint Stipulation of Withdrawal and Abatement filed by the Counsels for the parties and being satisfied that it is in keeping with the Rules of this Court, it is hereby:
CHIEF JUSTICE
SUPREME COURT OF LIBERIA ADJUDGED:
That the appeai announced by the appeiiant in the above captioned case from the ruling of HIS Honor Yussif D. Kaba presiding in Chambers, on February 19, 2020, is hereby ordered withdrawn. The Clerk of this Court is ordered to strike the said appeal from the docket of this Court, issue a Certificate of Withdrawal in favor of any of the parties requesting same, and send a mandate to the judge presiding in the court below to resume jurisdiction over this case and proceed in keeping with law. Costs are ruled against the appellant. IT IS SO ORDERED.
GIVEN UNDER OUR HANDS AND THE SEAL OF THE SUPREME COURT OF LIBERIA THiS 15th DAY OF MAY, A. D. 2020.
Jame ta Howard Wolokolie
ASSOCIATE JUSTICE, SUPREME COURT OF I-IBERIA
Sie-A-Ny ne G. Yuoh
ASSOCIATE JUSTICE, SUPREME COURT OF LIBERiA
ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA
Ncte• Mr. Justice Yussif D. Kaba did not pafticipate in the hearing and determination of this matter, as it emanates from a decision he made while presiding in Chambers. Hence, he did not sign this Judgment.