The Chief Justice of the Supreme Court of Liberia Sie-A-Nyene G. Yuoh on Monday, October 14, 2024, issued a caveat to magisterial courts to adhere to the prescribed time limits of cases before them.
Speaking during the opening of the October 2024 A.D Term of Court, the Chief Justice said the Supreme Court will implement strict monitoring mechanisms to ensure that magistrates adhere to the given time for cases according to the law.
Chief Justice Yuoh cautioned magistrates against the frequent deferral or granting of continuances in persistent non-support cases as any practicing lawyer will recognize that such actions are unjustifiable.
According to Chief Justice Yuoh, during her unannounced visit to magisterial courts, she observed the unnecessary delays in cases brought before the magistrates due to antics of lawyers to procrastinate the judicial processes in a court of limited jurisdiction.
“Taking judicial cognizance of the Legislative intent for the creation of magisterial courts include inter alia expeditious disposition of disputes vis-a’-vis the rules and regulations for the governance of the magisterial and traffic courts, the Supreme Court finds it unacceptable for cases to linger before the courts for periods longer than time prescribed by law simply because of the shenanigans of some lawyers appearing before the magisterial courts,” she said.
She said Rule 9 of the latter law states that “no civil case should be postponed and continue for more than two weeks, except for good reasons at the discretion of the magistrate; neither shall a civil case be continued from month-to-month without speedy determination. No criminal case in the magistrate court, nor might any case in the traffic court remain pending and not disposed of for more than 30 days after arrest.”
She notes that instances where magistrates grant continuances for up to six months to allow a defendant to obtain their deeds in an action of summary proceedings to recover possession of real property, is a travesty of justice.
Meanwhile, Chief justice Youh said practicing lawyers should be aware that even if the defendant returns with a deed, the magisterial court lacks jurisdiction, as the issue of title could then arise making the matter cognizable only before a circuit court through an action of ejectment.
“Therefore, it is most appreciated that a magistrates should promptly issue a judgment in favor of the complainant in such summary proceedings to recover possession of real property cases.
She warned practicing lawyers, law firms and non-lawyers purporting and representing themselves as lawyers before any court in a jurisdiction, something which risks legal actions.
The Chief Justice: “Although, we promptly issued a circular to all courts, directing them not to allow these individuals to appear as counsel in any matter, and further notified the general public not to engage the legal services of these individuals, I herewith resound the caveat to lawyers and law firms currently engaged in aiding the unauthorized practice of law or anticipates doing so subsequently, that upon discovery of same, the Supreme Court will penalize both the law firm and the lawyers associated there with in the most stringent manner,” she said.
Chief Justice Youh said this commence with their names being placed on a delinquent list and forfeiting all benefits as counselors-at-law of the Supreme Court Bar.
By T.Q. Lula Jaurey
