30 January 2018

Liberia: Weah's Appointee Held Liable

Another appointee of President George M. Weah has been allegedly hooked by the Commercial Court to pay over US$60,000 for debt owed a construction company.

Madam Florence F. Brandy was among 82 persons recently appointed to government by President Weah as Superintendent of Montserrado County.

Record of the Commercial Court show how the newly appointed (reappointed) Superintendent of Montserrado, Florence F. Brandy was held liable for failing to pay the management of east international group incorporated over US $60,000 for a road construction project carryout in District # 4.

The Court's July 19, 2017 ruling indicated that the plaintiff - the Management of the construction company representative by its Manager, Kelvin Buama- filed an action of Debt at the Commercial Court against defendant Brandy, Superintendent for Montserrado County.

According to court document, during the trial, the plaintiff presented two witnesses who testified in substance that the respondent and defendant entered into a road construction contract for the construction of a Feeder Road Project in Soul Clinic Community, District # 4.

This contract is said to be executed on December 9, 2015, at the total cost of two US$235,199.82. During the trial, the company, East International Group, attached a copy of the contract which showed that the defendant made payment of the amount of US180, 000 against the total contract price leaving an outstanding balance of US55199.82. The amount was confirmed by the report of the project management team.

The company, according to the writ, instituted an action of debt after Superintendent Brandy failed to adhere to the payment arrangement and refused to pay the outstanding balance owed following the completion and turning over of said project.

The Commercial Court in its ruling cited legal reliance, that the Supreme Court of Liberia has held in the case David V. Johnson 10LLR 416, "Where the clear and unrestricted evidence of the plaintiff proves defendant liability to him, judgment will be given for plaintiff", Additionally, Plaintiff witnesses stated for the record that the total amount outstanding as per the agreement of the parties stands at US$55,199.82.

The court ruled, "wherefore and in view of the forgoing laws, fact, and circumstances adduced at the trial and the plaintiff having proved its case by the preponderance of evidences, consistent with section 25.5 (1&2) of the LCL Revised page 198 this court hereby adjudges the defendant liable to plaintiff I the amount of US55199 together with statutory interest as provided for in money judgments. This clerk is honored to prepare a bill of cost to tax both counsels."

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