Temple of Justice, Monrovia -- The Debt Court for Montserrado County is investigating allegations that two prominent Liberian lawyers and a former insurance underwriter conspired to fraudulently secure an indemnity bond worth US$750,000, a move that has left Activa International Insurance Company entangled in a high-stakes debt dispute.
In a bill of information filed before the court, Activa accused Counsellors Johnny Momoh and Albert Sims, along with its former Senior Underwriter for General Business, Tom W. Collie, of illegally securing the bond on behalf of Western Cluster and its subcontractor, Citadel Mining Services and Construction, a Ghanaian-owned firm.
The Disputed Bond
According to court records, the bond, dated June 22, 2023, was filed by the defendants' legal counsel to vacate an attachment order in a debt lawsuit brought by British investor Hans Armstrong. Armstrong had sued Citadel Mining for US$378,000 in unpaid equipment lease fees.
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Citadel, represented by Cllr. Momoh, and Western Cluster, represented by Cllr. Sims, filed the bond allegedly backed by Activa. The court verified and authenticated the bond, obligating Activa as surety for the defendants.
When Citadel later defaulted on a US$430,920 judgment (including interest), Armstrong sought enforcement against Activa as the bond's guarantor.
Activa Cries Foul
Activa, however, insists it never authorized the bond. The insurer argues that Collie acted "unilaterally and ultra vires" beyond the scope of his authority when he signed the bond.
"The bond was obtained fraudulently and cannot constitute an act of Activa as a corporate entity," the company stated, stressing that only its chief executive officer has the authority to commit the firm to such obligations. Activa further claimed it received no consideration, benefit, or ratification under the arrangement.
Denials from Lawyers and Underwriter
Both Cllr. Momoh and Cllr. Sims have denied involvement, despite Momoh's signature appearing on several case documents, including the June 22 affidavit attested to by a Justice of the Peace for Montserrado County.
For his part, Collie, now employed at SUNU Insurance Company, told reporters he had no recollection of securing the bond during his tenure at Activa.
Armstrong's Claim and Enforcement
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Court records show Armstrong initially named both Citadel and Western Cluster as defendants because the equipment operated on Western Cluster's concession. However, Western Cluster was later cleared of liability since it was not a party to the lease agreement.
With Citadel's offices in Monrovia and its Bomi County site shuttered, the sheriff's return reported that the company's management could not be located to satisfy the judgment. That prompted Armstrong to pursue enforcement against Activa as surety.
