IPNEWS-Capitol Hill: The Supreme Court of Liberia, has ruled against Golden Veroleum for an Action of Debt case which was taken up to the High Court to be looked into by GVL on a Writ of Certiorari.

As a final arbiter of justice the Court mandated the lower court to have jurisdiction in the matter.

Delivering the ruling on behalf of the Full Bench, Associate Justice Jamesetta Howard-Wolokollie ruled against GVL and affirmed the peremptory writ of certiorari which was denied by the then Chambers Justice Joseph N. Nagbe.

Justice Howard-Wolokollie ordered the clerk to send a mandate to the lower court to resume jurisdiction and proceed with the hearing of the debt action out of which the petition for certiorari grew.

Speaking on Monday, February 8, 2021, in the Chambers of the Justices at the Temple of Justice in Monrovia, Justice Wolokollie said the High Court has no reason to disagree with Justice Nagbe’s ruling in the matter as it is the trite law that where parties dispute the actual outstanding amount to be paid for services rendered, evidence must be produced to substantiate the claim and the production of evidence by both parties in the case is the only available course for the lower court to ascertain the actual outstanding debt where the amount is in dispute.

She added that the ruling of Justice Nagbe to the effect that evidence be taken in the case in the court below to establish the amount of debt owed to Tropical Logistics Liberia Ltd provides the only available course for determining the actual amount of debt in dispute.

According to her, even though Tropical Logistics did not produce any signed service agreement between it and Golden Veroleum but it was not disputed that an understanding was reached between the two parties for Tropical Logistics to transport G VL goods.

It can be recalled that in April of 2019, Justice Nagbe ordered the Trial Judge of the Commercial Court to resume jurisdiction over the US$643,005.54 legal dispute between GVL and Liberia Tropical Logistics.

Justice Nagbe in his ruling quashed the alternative writ of prohibition which was previously issued by him placing a stay order on the magisterial court from proceeding with the matter as prayed for by GVL.

He further dismissed GVL petition or complain of the alleged wrongful proceeding of the trial judge Chan-Chan Peagar.

Prior to that, GVL filed a petition with the Chambers Justice of the Supreme Court seeking for a writ of prohibition against the Commercial Court Judge on grounds that Judge Peagar was wrongly handling the case.

This comes as a result after Tropical Logistics Liberia filed a lawsuit against GVL with the Commercial Court for failing to pay the US$643,005.54 owe them for transporting GVL farming materials in the Southeastern counties.

Justice Nagbe said an action of debt was the proper form of actions when the transaction was one growing out of a contract expressed or implied, other than non-performance, damages or injunction.

According to the Associate Justice, he believes that there exists a contract between Tropical Logistics and GVL saying “Controlling contention in the mind of this court, it’s the certainty of the amount being sought by Tropical Logistics; something that has to be settled to determine the exactness of the amount being claimed.”

He added that the High Court does not take evidence for granted and that the only means through which the exact and correct amount Tropical Logistics alleged that GVL owes was through the production of evidence during the case.