Court Summons LIBA Prexy
James
Strother, Others
The Civil Law Court Judge has summon the Leadership of the
Liberia Business Association (LIBA) to answer to a petition for Declaratory
Judgment filed by aggrieved members of the association
A Declaratory judgment is a binding judgment
from a court defining the legal relationship between parties and their rights
in a matter before the court. When there is uncertainty as to the legal
obligations or rights between two parties, a declaratory judgment offers an
immediate means to resolve the uncertainty.
The decision by the judge of the Civil law
court came, when the aggrieved members filed their complaint
requesting the court to declare the rights of petitioners, rescind all
acts inconsistent with the rights of workers.
In the petition, the association urged the
court to grant them the right as members and former members of the association
to participate in the ongoing LIBA convention, praying the court that their
petition should be granted.
The aggrieved members, in their
petition, stated that they are members and former executives of the
Association pursuant to the by- laws and constitution of LIBA. They added, “It
is recognized under the laws of Liberia and organized for the common good of
LIBA"
The petitioners noted that since their election
four years ago, the leadership has neglected their responsibilities and
committed several breaches of the original constitution of 2007, including
their failure to hold regular convention and unilateral introduction of a new
constitution dated March 20, 2021.
The introduction of a new constitution
outside the constitutional framework of the Association, the petitioners said,
was done fraudulent and only meant to perpetuate the respondents illegitimate
in office against the clear wishes and dictate of the proper by-laws and
constitution of the LIBA
The petitioners further maintained that
the respondents were elected August 2018, and their time has since
expired. This, according to the petitioners, makes the leadership not only
illegitimate and without authority to conduct the affairs of LIBA, but
also disqualifies them for re-election.
Petitioners added that the respondents
have sought to abruptly hold convention and election outside the recognized
constitutional framework of the LIBA so as to have them re-elected for another
term.
"Our laws provide that courts of record
within their respective jurisdictions shall have power to declare rights,
status and other legal relations, whether further relief is or could be
claimed or not, " the petitioners concluded.
Judge Kennedy Peabody, before whom the petition
was filed, commanded the clerk of the court “… to summon the defendants to
appear before the court to answer to the complaint,” saying that failure on
their part, the court will be left with no alternative but to
render judgment by default will be against the respondents.
He also commanded the clerk of court to notify
the respondents to file their formal appearance bond at the judge office before
February 17.