Supreme Court Denied Motion to Dismiss Appeal in the Lofa County University Case
Supreme Court Denied Motion to Dismiss Appeal in the Lofa County University Case
The Supreme Court of the Republic of Liberia has denied and dismissed a motion to dismiss appeal filed by the movants, Dr. Isaac P. Podah, President of Lofa County University, B. S. Catakwa, VPA, Anthony C. Crayton, and Varmuyan L. Kanneh, all of the City of Vonjama, Lofa.
According to the motion, the movants alleged that although the respondent noted exceptions to the ruling of the trial court, announced an appeal, and filed its bill of exceptions within the timeframe prescribed by law, the respondent failed to complete other mandatory requirements necessary to perfect the appeal.
The motion specifically contended that the respondent neglected to file and serve its appeal bond and also failed to serve and file its notice of completion of appeal in keeping with the appeal procedures established by law.
In support of the motion, the movant relied on Section 51.4 of the Civil Procedure Law Revised Code, which provides that the following acts are necessary for the completion of an appeal.
Announcement of the taking of the appeal, Filing of the bill of exceptions, Filing of an appeal bond; and, Service and filing of notice of completion of appeal.
After reviewing the arguments presented, the Court ruled against the motion to dismiss appeal.
“WHEREFORE, AND IN VIEW OF THE FOREGOING, the motion to dismiss the respondent’s appeal is denied and dismissed, and the appeal ordered proceeded with on its merits. AND IT IS HEREBY SO ORDERED,” the Court stated in its ruling.
The matter will now proceed for determination on the merits of the appeal.
