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The judge of the Sixth Judicial Circuit Civil Law Court of Montserrado County, Boima Kontoe has ordered his sheriff to serve a writ of execution on the management of Ecobank for an action of damage of wrong after a complainant filed a US$1million liable case.

“The writ of execution in the possession of this paper, states that, “you are hereby commanded to seize and expose for sale the lands, goods and chattels of the appellant/defendants herein named of the City of Monrovia, Montserrado County, Republic of Liberia and if the sum realized there from be not sufficient, then their real properties, until you shall have raised the sum of one million, eighty thousand , and twenty United states dollars (US$1,080,020.00) and twenty thousand, five hundred Liberian dollars (LD$20,500.00).”
The writ of execution was ordered on Thursday October 19, 2017.
The writ further stated that “in addition thereto seizure and sale; and if you cannot find said lands, goods and chattel of said defendants, you are hereby commanded to arrest the living body(ies) and bring them before any judge of competent jurisdiction to be dealt with according to law; unless they pay the said sum(s) of money (ies) or show property to you to seize and sell for same,” the writ added.
It can be recalled that the action of damages for wrong out of which this motion to dismiss appeal grew was assigned for trial on July 14, after a motion for new trial was granted by the late Judge Johaness Z. Zlahn who presided over a jury trial of this case at first.
However, on September 14, 2017, the Civil Law Court rendered final judgment of liable against defendant (Ecobank) after hearing evidence and entertaining argument to the court’s final judgment, the defendant accepted and announced an appeal to the high court which was granted.
Subsequently, defendant filed a motion for new trial on September 18, 2017. This motion was countered by counsel for plaintiff (Austen D. Clarke) who filed a motion to dismiss the appeal on September 26, 2017.
Cllr. Necluar Edward appeared for Austin D. Clarke (plaintiff) while counsel for Eco Bank Cllr. Albert S. Sim appeared for respondent defendant, but after five minutes of the call of the motion for the hearing, Cllr. Sims filed a letter of excuse, stating grounds that all lawyers of the Sherman and Sherman Law Firm are requested to meet at the Sherman and Sherman’s Law Firm.
When the case was called finally, the judge ruled stating that “wherefore and in view of the foregoing, the appealed announced by respondent/appellant on September 14, 2107 at the rendition of this court’s final judgment in the out of which this motion to dismiss grows, is hereby granted and defendant/appellant’s appeal announced on September 14, 2107 without filing a bill of exceptions up to and including today’s date is hereby dismiss, and is hereby so ordered.

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