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.  

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