By Grace Q. Bryant
The Civil Law Court Judge has issued a writ of summon on the leadership of the Liberia Business Association (LIBA) against a petition for Declaratory Judgment filed by some aggrieved members of the Association.
The judge’s decision comes following a complaint filed requesting the court to declare the rights of petitioners, rescind all acts inconsistent with the rights.
The petitioners said they are members and former executives of the Association pursuant to the by- laws and constitution of LIBA, and it is recognized under the laws of Liberia and organized for the common good of LIBA.
They noted that since the election of respondents over four years ago, the respondents have woefully neglected their responsibilities and committed several breaches of the original constitution of 2007 including their failure to hold regular conventions and unilateral introduction of a new constitution dated March 20,2021.
They added that the introduction of a new constitution outside the constitutional framework of the Association was procured through fraud and only intended to perpetuate the respondents illegitimate stay in office against the clear wishes and dictate of the proper by-laws and constitution of the LIBA.
The petitioners maintained that the respondents being elected in August 2018 and since expired thus making them illegitimate and without authority to conduct the affairs of LIBA, least to say qualify for re-election.
Petitioners added that the respondents have sought to abruptly hold convention and election outside the recognized constitutional framework of the LIBA and have themselves re-elected for another term.
The petitioners said a petition for Declaratory judgment will properly lie to give the petitioners the right to participate and enjoy all rights and privileges of the Association.
“Our laws provide that courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed,” the petitioners concluded.
“You are commanded to summons the defendants to appear before the court to answer to the complaint, failure upon them, judgment by default will be rendered against them,” according to Judge Kennedy Peabody,
He also commanded the clerk to notify the defendants to file their formal appearance or answer in the judge office before February 17.
