Judge Scheaplor R. Dunbar of the Sixth Judicial Circuit Civil Law Court at the Temple of Justice in Monrovia has reaffirmed the unanimous guilty verdict of the Petit Jury passed down on January 3, 2025, against Orange Liberia.
Judge Dunbar ruled that the verdict of the trial jury is in harmony with the evidence adduced in the case.
The Judge then quashed and denied the Motion for New Trial filed by Orange Liberia through its lawyers, and sustained the resistance filed by Alpha Saliou Barry’s lawyer, Elisha T.J Forkeyoh.
He said the Petit Jury’s unanimous guilty verdict is consistent and fully supported by evidence adduced during the trial; as such, he cannot, or will not, disturb a verdict which is cogent and supportive of sufficient evidence.
Judge Dunbar said it is settled law that when the jury arrives at a verdict after having given consideration to evidence which is sufficient to support a verdict, the verdict should not be disturbed.
According to him, the trial jury considered all the evidence adduced at the trial and correctly determined that Barry did not sign any agreement with Orange Liberia to block his account for 47 days, terming it as improper and illegal.
Again, Judge Dunbar adjudged Orange Liberia liable in damages and ordered it to pay the amount of L$685,260 and US$2,350 as special damages, and the amount of L$3 million as general damages for the mental anguish and emotional distress suffered by complainant Barry as a result of Orange’s wrongful conduct.
He ordered the clerk of court to prepare a bill cost for taxation by the parties and approval by the court.
The Judge affirmed the special and general damages awarded by the jury who determined from the evidence that Barry sustained financial losses amounting to L$685,260 and US$2,350, as a result of the wrongful blocking of his sim card for a period 47 days.
During the trial, Barry testified and produced demand letters from his lawyer to Orange Liberia, requesting that his account be unlocked to enable him resume business but Orange refused; as such, it was only after an order from the Monrovia City Court that Orange agreed to unlock Barry’s account.
On the other hand, Orange contended that the agreement it executed was an Orange Money Agent Agreement with Barry and that under agreement, it had the right to block or suspend Barry’s account if it suspected any suspicious or fraudulent transaction. But Judge Dunbar said Barry sustained a loss of income for 47 days that his account was blocked.
“The court having denied the motion for new trial and confirmed the unanimous verdict of the trial jury, the court’s ruling on the motion for new trial is incorporated into the final judgment,” Judge Dunbar said. On January 3, 2025, the Petit Jurors of the Civil Law Court annex “B” handed down a unanimous guilty verdict against Orange Liberia for Action of Damages.
The jurors, in their unanimous guilty verdict, imposed a fine of L$ 3,000, 000 as general damages, while L$685,260 plus US$2,350 as specific damages.
The petit jurors in their final verdict said after carefully reviewing the facts and evidence adduced in open court and based on witnesses’ testimonies, they unanimously found the GSM service provider liable of the charge of Damages for Wrong.
“After a careful consideration of the evidence adduced at the trial of the said case, we do agree by majority/unanimously that the defendant is liable,” the verdict read. Barry instituted an Action of Damages for Wrong against Orange Liberia on November 24, 2023, alleging that he was an Orange mobile money agent whose Sim Card or account was illegally blocked for a prolonged period of 47 days without notice and without due process.
By T.Q. Lula Jaurey
