By Grace Q. Bryant
The Monrovia City Court says the capacity to file a motion by Roots Holdings, incorporation on behalf of Roots FM 102.7 is bonafide and allowed thereby ruling the case to trial.
The trial began yesterday at the court of non-records at the Temple of Justice on the Motion to Return Properties and Suppress Evidence filed by Roots Holding Incorporated under the gavel of Magistrate Ernest Bana having considered all ramifications of the interactions of the parties and their respective acquiescence.
The Magistrate informed the parties that the capacity to sue in the mind of the court is derived from the series of communications exchanged between the parties with excerpts being recounted, “Renew the permit issued by the Ministry of information Cultural Affairs and Tourism (MICAT) which expires December 31, 2018 on behalf of SANCOS MEDIA GROUP, INC (VOICE FM), Renewal should also include business name (Roots Holding, Inc) as indicted in the application letter and Article of Incorporation.”
Meanwhile, Magistrate Bana ruled that the contentious terminology of capacity is defined as in the Black’s Law dictionary 9th edition as, “The power to create or enter into a legal relation under the same circumstances in which a normal person would have the power to create or enter into such relations; specially, the satisfaction of a legal qualification, such as legal age or soundness of mind that determines one’s ability to sue or be sued.”
Sometime last week, prosecution resisted the motion for what it termed as lack of standing and capacity thereby requesting the court to deny the motion indicating that the action by the State was carried out by a Search, Seizure and Arrest Warrant that was issued by the court at the request of the Government.
The State lawyers had argued that the Roots Holdings incorporated lacked the legal capacity to file a motion of such magnitude on behalf of Roots FM 102.7; as Roots FM is a separate and distinct entity from the Roots Holding Incorporated.
The lawyers further argued that to even stand in said capacity on behalf of Roots FM 102.7, Roots Holdings Incorporated needed a Notary Board Resolution as an exhibit to qualify it to sue but since this was not the case, it further lacks the capacity to sue for or on behalf of Roots FM 102.7.
Government lawyers supported their argument by citing an opinion from Supreme Court which states that, “In order for an individual to bring a suit in the name of a corporation, there is need for authorization from the corporation to institute a lawsuit in such representative capacity; normally a board resolution giving authority would issue. The petitioner did not annex any document to substantiate that James K. Doe was authorized and empowered to file this petition.”
Prosecution also informed the court that Roots FM’s Manager, Fidel Saydee, lacks the legal capacity and standing; and by law, nothing is before court to proceed with. (Concerned Sector Youth versus LISGIS, June 16, August 30, 2010.)
However, defense’s argument was that the law of a Notary Board Resolution is required in civil instances and not in criminal cases therefore declared that the application made by the State was in bad fate and merely intended to delay the hearing of the motion.
Defense lawyers argued further that there was no provision in the Criminal Procedure Law that obligates the requirement for company (entity) that has been brought before the court within the Republic of Liberia to file a board resolution before it can defend or seek remedy.
Court Begins Hearing In Roots FM Case
By Grace Q. Bryant