Magistrates Mandated -To Dispose Persistence Non-support Cases By: Yassah J Wright

The Supreme Court of Liberia has issued a caveat and mandate to all magistrates across the country to properly dispose Persistence Non-support cases within two days, while terming as unjustifiable, travesty of justice and ultra-virus magistrates who exceed beyond their magisterial jurisdiction and time limit in the determinant of cases. Making a special remark over the weekend in Nimba Couty at the Liberian National Bar Association 2024 Convention, Liberia Chief Justice Sie-A-Nyene G. Yuoh said that the Supreme Court fines it unacceptable for cases to linger before the magisterial court for period longer than prescribed by law simply because of schenigan of some lawyers and court officers appearing with the knowledge of some magistrates and their staff before the magisterial court. According to her, Rule 9 of the Rules and Regulations for Governance of the magisterial and circuits court states ‘’ no civil case shall be postponed and continue for more than two weeks, except for good reason in the discretion of the magistrate; neither shall a civil case be continue from month to month without speedy determination. She further indicated that the rules provide that no criminal case in the magistrate courts, traffic court remain pending and not dispose of for more than thirty day after arrest. Chief Justice Youh lamented that magistrate are reminded of the following; that they are a month to month court and they have limited territorial and subject matter jurisdiction, therefore, its mandatory that they expeditiously  disposes case because the legislative intent for the establishment of magisterial court is to keep the peace within their respective magisterial jurisdiction. The Liberian Chief Justice noted that the Supreme Court has embark on a straight implementation, monitoring mechanisms to ensure that magistrates courts adhered to the prescribe time limit for case, adding that in particular, they have cautioned magistrates against the frequent deferral or granting of coutuence in cases of persistence non-support. ‘’ Any practicing lawyers will recognized that such action by magisterial are not only unjustifiable but ultra-virus. Accordingly, the Supreme Court has mandated that magistrates are to resolve cases of persistence non-support within the maximum of two days. The Supreme Court also notes instances where magistrate grants continuance for up to six months to allow a defendant obtain their deed in the action of summary proceeding to recovery possession of real property. This is absolutely a travesty of justice’’ she noted. Accordingly, she disclosed that any practicing lawyer is aware that even if a defendant returned with his or her deed, the magistrate court immediately loses jurisdiction and so, what is the purpose of granting countenance for up to six months to allow a defendant go and find his or her deed, adding that it’s what the supreme court describe it as travesty of justice. She said that therefore, its most appropriate that the magistrate especially issue judgment in favor of the compliant in such instance of summary proceeding to recover possession of real property cases as it, and when the defendant appear with the deed, he or she has remade at law and we know what that remand is and its to filed to the circuit court that has jurisdiction. ‘’ the Supreme Court vested constitutional authority to administer the law transparently, experientially and fearlessly to all citizens and resident alive with a strong resolve to discourage by appropriate penalty the act of phellopterin by some lawyers and their client determine to delay cases in our courts through unnecessary legal technicality just to frustrate the end of justice. This my colleagues and friend will not continue with this bench.