-As Chamber Justice Orders Magisterial Court To Resume Jurisdiction Over Case
By R. Joyclyn Wea
Supreme Court Justice-in-Chamber, Associate Joseph Nagbe has ordered the Trial Judge of the Commercial Court to resume jurisdiction over a US$643,005.54 legal dispute involving Golden Veroleum Liberia (GVL) and Liberia Tropical Logistics.
Associate Justice Nagbe in his ruling quashed the alternative writ of prohibition previously issued by him placing a stay order on the magisterial court from proceeding with the matter as prayed for by GVL.
The Justice-In-Chamber further dismissed Golden Veroleum Liberia petition or complain of the alleged wrongful proceeding of the trial judge Chan-Chan Paegar.
Recently, GVL filed a petition with the Justice-In-Chamber of the high Court seeking for a writ of prohibition against the commercial court on grounds that Judge Chan-Chan Paegar was wrongly handling the case.
This comes after Tropical Logistics Liberia filed a lawsuit against GVL with the Commercial Court for failing to pay the US$643,005.54.00 owe them for transporting GVL farming materials in two counties.
The Chamber Justice says an action of debt is the proper form of actions when the transaction is one growing out of a contract expressed or implied, other than non-performance, damages or injunction.
Associate Justice Nagbe believes that there exist a contract between Tropical Logistics and GVL saying “the controlling contention, in the mind of this court, it’s the certainty of the amount being sought by Tropical Logistics; something that has to be settled to determine the exactness of the amount being claimed.”
According to him, the Supreme Court does not take evidence for granted and that the only means through which the exact and correct amount Tropical Logistics alleged that GVL owes is through the production of evidence during trial. TNR