23 January 2013

Liberia: Libercell Ordered Sold

The Tax Court at the Temple of Justice in Monrovia has ordered the seizure and subsequent sale of the Atlantic Wireless Incorporated or Libercell GSM Company for US$1,102,444.75.

The Court's action came after the company flatly failed to pay by stipulations debts owed the Liberian Government.

A notice of sale dated January 22, 2013 issued on the company by Acting Tax Court Sheriff Captain Charles D. Kidio revealed that Libercell's Clara Town, Bushrod Island and Crown Broad Street offices will be sold to the highest bidder at their various locations at 10:00 Am on February 22, 2013.

According to the writ of execution signed by Tax Court Judge Eva Mappay-Morgan on January 21, 2013, it was ordered that if the sum realized from the sale of Libercell is insufficient to pay the "reasonable expense of said seizure and sale," Libercell's real properties should be seized until the amount is raised.

Judge Morgan further ordered the arrest of Libercell's chief executive officer, financial manager, and any other authorized personnel and bring them before the Tax Court or any other judge, if the court officers cannot find land, goods and chattels of Libercell.

"And upon receiving from said sale or otherwise, sum of money, you are further commanded to pay over to the Republic of Liberia, the chantiff in these proceedings the sum of money necessary to certify the judgment herein and reserve unto yourself the said expenses; and you will make known to this court your doing and proceeding under this Writ of Execution," Judge Mappay ordered.

It can be recalled that earlier in December 2012, the Supreme Court of Liberia mandated the Tax Court to resume jurisdiction over Libercell GSM tax arrears trial, about three months after the high court placed a stay order on the lower Court's decision to close down the company for failure to pay by stipulation US$1,469,926.40 tax owed government.

In executing the high court's mandate, the Tax Court gave Libercell a time frame [15 days] to the company with payments stipulations, but the company has since failed on said payments.

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