By Jacqueline L. Dennis
The Sixth Judicial Circuit Court for Montserrado County at the Temple of Justice in Monrovia on Wednesday February 8, 2023, issued a Writ of Summon on the Liberia Business Association (LIBA) president Mr. James Strothger based on a petition filed by the petitioners, the aggrieved members of the LIBA, Mr. Boimah Foday and Joseph Kodah for declaratory judgement.
The writ of Summon issue said “you are hereby commanded to summon the Mr. Name Strothger, president of LIBA and the leadership defendants/respondents in the above caption case Action for declaratory judgement to appear before the sixth Judicial Circuit Civil Law and for Montserrado County sitting in its March term A.D. 2023, on the third Monday in March, A.D.2023, at the hour of 10:00 Am to and to the complaint/petition of the above named plaintiff petitioner, that upon his/her their failure, judgment by default will be rendered against him/Her/ them.
The writ of Summon also said that “you are further commanded to notify the said defendant respondent to file his /her/ their, formal appearance and /or answer in my office on/or before the 17 day of. February A.D. 2023.”
Meanwhile the Writ of Summon also Stated that “you will make your returns on the back of the original copy of this writ of Summon on/ or before the 17 day of February, A.D 2023, as to the manner / form of its service.”
The petitioner pray that the court to declare the rights of petitioner, rescind all acts inconsistent with the right of petitioners and grant into petitioner any and all future relief that “your honor maybe deemed just and legal”
The petitioner say that a petition for declaratory judgement will properly lie to have the petitioners’ right to participate and enjoy all right and privilege of the Association restored.
“Our law provide that court of record within their respective jurisdiction shall have the power to declared rights, status, and other legal relation whether or not further relief is or could be claimed.. Section 43.1CPL,” the petition declared
According to the petition, the respondent are permitting to continue under their illegal convention and election, petitioners’ will suffer irreparable injury or harm for they will be prevented from exercising their rights as members of the Association, the rule of law and integrity of the LIBA will be destroyed thus, rendering the LIBA in constitutional chaos.
According to the petitioners that since the election of respondent over four years ago the respondent have woefully neglected their responsibilities and committed several breaches of the original constitution of 2007 including their failure to hold regular conversation and the unilateral introduction of a new constitution dated March 2021.
The petition further explained that the introduction of a new constitution outside the constitutional framework of the Association was procured through fraud and only intended to perpetuate the respondents illegitimate stay in office against the clear wishes and dictate if the proper, by law and constitutional of LIBA.
The said, the attached as exhibit P/2 is a copy of the original constitution of the LIBA and a copy of the unilaterally introduce constitution of the respondent. Petitioners give further notice to produce Witnesses when trial is necessitated.
According to the respondent being elected in August 2018 under a two years, two tenure limits (see section of the 2007 constitution of LIBA, the respondent tenure had since expired thus making them illegitimate and without authority to conduct the affairs of LlBA, least to say quality for re- election.
According to the petitioner, the defendant have sought to abruptly hold convention and election outside the recognized constitutional framework of LIBA and have themselves re-elected for another term.
The petition further stated that the called convention and election breached several articles of the constitution. Petitioners said that assuming without admitting that the respondent self-introduced constitution is even legal.
