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EcoBank In Over US$1M Trouble

By: Yassah J. Wright

The Civil Law Courthas issued a writ of execution on the Management of Eco Bank for an action of damage of wrong by a complainant.

The writ of execution in the possession of this paper quotes Judge Boima Kontoe as saying on Thursday, October 19, 2017, “You are hereby commanded to seize and expose for sale the lands, goods and chattels of the Appellant/Defendants herein named of the City of Monrovia, Montserrado County, Republic of Liberia and if the sum realized therefrom be not sufficient, then their real property, until you shall  have raised the sum of One Million, Eighty Thousand , and twenty United states dollars (US$1,080,020.00)and Twenty Thousand, five hundred Liberian dollars. (LD$20,500.00).”

The Writ of Execution further stated that, “In addition thereto seizure and sale; and if you cannot find said lands, goods and chattel of said defendants, you are hereby commanded to arrest the living body (ies) and bring them before any judge of competent jurisdiction to be dealt with according to law; unless they will pay the said sum(s) of money (ies) or show property to you to seize and sell for same.”

It can be recalled that the action of damages for wrong out of which this motion to dismiss appeal grew was assigned for trial on July 14, after a motion for new trial was granted by late colleague his Honor Johannes Z. Zlahn who presided over a jury trial of the case at first.

Accordingly, on September 14, 2017 the Civil Law court rendered final judgment of liable against defendant (Eco Bank) after hearing evidence and entertaining argument to the court’s final judgment, the defendant accepted and announced an appeal to the high court which was granted.

Subsequently, the defendant filed a motion for new trial on September 18, 2017. The motion was countered by counsel for plaintiff (Austen D. Clarke) who filed a motion to dismiss the appeal on September 26, 2017.

According to the court document, Cllr. Necluar Edward appeared for Austin D. Clarke (plaintiff) while counsel for Eco Bank Cllr. Albert S. Sim appeared for respondent defendant but after five minutes of the call of the motion for the hearing, Cllr. Sims filed a letter of excuse stating that all lawyers of the Sherman and Sherman are requested to meet at the Sherman and Sherman’s law firm.

The judge finally ruled stating that, “wherefore and in view of the foregoing, the appeal announced by Respondent/Appellant on September 14, 2107 at the rendition of this court’s final judgment, out of which this motion to dismiss grows is hereby granted and defendant/appellant’s appeal announced on September 14, 2107 without filing a Bill of Exceptions up to and including today’s date is hereby dismissed And hereby so ordered”.