Am facing, Probate Court Judge Vinton Holder on Monday to answer charges of fraud. To make a long story short, I filed before the Civil Law Court an Action of Ejectment against Samir Abdul Wahab and Samir Kashouh.
Legal issues disposed of, with the Judge quashing Wahab and Kashouh’s Motion to Dismiss, and ruling the case to trial. They were represented by the Pierre, Tweh and Associates Law firm.
In a strange twist and while the matter is still pending before the Civil Law Court, defendants Samir Wahab and Samir Wahab thru the Jones and Associates Law firm wrote a letter to the Probate Court Judge alleging that [somehow] the Curator’s deed issued by the same Court and signed into Probation by Probate Judge, Holder, was fraudulently obtained and they were therefore requesting the Court to revoke the Curator’s deed.
The letter of allegation was not in the form of a legal petition supported by affidavits as required by law.
The Supreme Court of Liberia in LLR Vol 7, in the case, George Patten vs the Republic of Liberia ruled that “an affidavit is absolutely necessary when an allegation of fact is not apparent on the record”.
In the case supra, the letter unsupported by sworn statement (affidavit) was legally sufficient in the eyes of the Judge to warrant the issuance and serving of a Writ of Re Summons on me and my siblings, or face the prospects of judgment against, should I fail to respond. I consider this to be in complete violation of the Rights to Due Process which is a fundamental right under the Constitution.
Given time constraints and not having a lawyer, I responded informing the Judge in essence, that the procedural error committed by the Jones and Associates, not attaching an affidavit to their complaint, etc, meant in effect that the Court lacked jurisdiction, because the matter had not been properly and legally brought before the Court. Additionally, issues appertaining to fraud are properly cognizable before the Civil Law Court meaning the Court lacked jurisdiction and thirdly;
The fact that there is an Action of Ejectment pending in the Civil Law Court between the same parties on the same subject for the same piece of property constituted sufficient reasons for dismissal of the complaint, on grounds of PENDENCY.
I am not a lawyer, but I am legally aware enough to see through such devious schemes that seek to undermine Justice and, being perpetrated our so called lawyers of repute. Trying hard to obtain the back door, what they cannot and have failed to achieve through the front door, is their signature imprint but one which is doomed to failure. The Lebanese thru their surrogates are fighting a losing battle and I know they are prepared to bribe the entire nation if need be, but God is a God of Justice and truth is my feared weapon of choice!
Hearings into the matter is scheduled for Monday at 10:00 am. Will keep you posted on this trial of Justice. Apparantly, there is a failure to realize and understand that this matter is not and cannot be considered sub Judice, simply because it has not been legally and properly brought before a Court of competent jurisdiction.
That I have been commanded to appear before the Probate Court, in the face of glaring procedural errors committed by the Jones and Associates speaks volumes. Do I need to remind you that what is not done legally is not done at all?
But for me though, the issues bordered more on integrity, than on competence. It is not that the lawyers don’t know what they are doing, they know, but they are being devious and sinister to accomplish legal ends through illegal means.
John H. T. Stewart,
John H. T. Stewart, is a former Commissioner of the Liberian Truth and Reconciliation Commission. He is also a Liberian journalist of repute. twitter: john h.t. stewart (@jhtstewart
John H. T. Stewart pic