Zotta et al v Cooper et al (2018)
His Honour James W. Zotta, Jr., Assignéd Circuit Criminal Court “A”, and Mr. Amadu Diallo, also of. the City of Monrovia, Liberia Movants Versus Messrs David Cooper, Clifford Cooper, et al. all of The City of Monrovia, Liberia Respondents
MOTION TO STRIKE
PETITION FOR THE WRIT
OF PROHIBITION
JUDGMENT WITHOUT OPINION
When this case was called for hearing, Counsellor Milton D. Taylor of the Law Offices of Taylor and Associates appeared for the movants/respondents. Counsellors Emmanuel B James and Rosemarie B. James appeared for the respondents/petitioners.
That following the notation of representations, the Court proceeded to rule as follows:
That “a crime may be prosecuted in conformity with the provisions of this chapter by a complaint or an indictment.” Civil Procedure Law, Rev. Code:2.14.1.
That “petit. larceny and all petty offenses shall be prosecuted by complaint. All other crimes shall be prosecuted by indictment.” Civil Procedure Law, Rev. Code:2.14.2.
That the trial judge having unlawfully exercised jurisdiction over the parties from a letter of complaint and made a ruling from a conference therefrom, he acted contrary to the law extant.
That “a final decision by a Supreme Court Justice in a proceeding in certiorari, mandamus, or prohibition may be appealed to the Supreme Court en banc. The appeal shall be heard and determined immediately, in or out of term time.” Civil Procedure Law, Rev. Code. 1.16.26.
That in the petition for the writ of prohibition, the respondents having failed to note exception and announced an appeal from the ruling of the Justice in Chambers to this Court en banc, this Court is estopped from hearing such matter.
ADJUDGED:
That the matter not having been properly before this Court, due to the failure of the respondent to note exception and announced appeal from the ruling of the Justice in Chambers, this Court cannot exercise appellate jurisdiction in the instant case. The Clerk of this Court is ordered to send a Mandate to .the trial court commanding the judge presiding therein to resume jurisdiction over the case and give effect to its final ruling of January 25, 2013. AND IT IS HEREBY SO ORDERED.
GIVEN UNDER OUR HANDS AND THE SEAL OF
THE HONORABLE SUPREME COURT OF LIBERIA
THIS 18TH DAY OF
| ‘a | esetta Howard Wolokolie |
ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA
Yussif D. Kaba
ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA
Ceaineh D. Clinton-Johnson.
ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA
Note: Mr. Justice Boakai N. Kanneh, having not been an Associate Justice of the Supreme Court of Liberia, did not participate in the hearing and determination of this case; hence, he did not sign this Judgment.