The former deputy director-general for information coordination at the Liberia Institute of Statistics & Geo-Information Services (LISGIS), Wilmot F. Smith, has won the first battle in a legal dispute with Spoon Network and its chief executive officer Stanton Witherspoon in a hearing of the disposition of law issues.
Smith filed a US$2.4 million action of damages for slander and libel against first defendant Spoon and second defendant Witherspoon.
Spoon’s lawyers (Cllrs. Eric Morlu and Denise S. Sokan) argued that Witherspoon isn’t connected to Spoon since the sheriff couldn’t find him following a failure to serve the writ of summons on 6 January and 17 January 2023.
Smith’s lawyer (Cllr. Arthur Johnson) then made a request for publication, which was granted by the court and the same was executed in the News Newspaper on 10 February, 16 February, 21 February and 27 February and filed with the court respectively.
Cllr. Johnson’s also requested the court to put Witherspoon on bare denial and ruling the case to trial with a default judgment as a matter of law but Spoon’s lawyers disagreed on grounds that all of the parties haven’t been brought under the jurisdiction of the court since there was no evidence of the mailing of each publication in keeping with the statute controlling, which is 1LCLR chapter 3 subsection 3.40 and 3.4(2).
He argued that Witherspoon has been brought under the jurisdiction of the court by the last publication on 27 February and that defendants should undergo separate trial.
In concluding on 10 March, Judge Kennedy Peabody ruled that Spoon’s lawyers don’t have the capacity and standing to raise issue for and on behalf of Witherspoon consistent with chapter 11.2 of the Civil Procedure Law of Liberia (CPLL).
Peabody also ruled that all parties, including Witherspoon, have been brought under the court’s jurisdiction from the records consistent with chapter 3.4(0) of CPLL evidenced by the four publications in the News Newspaper.
He said the parties having been brought under the court’s jurisdiction and the fact that Witherspoon isn’t within the bailiwick of Liberia makes it impossible to try the parties together, hence, consistent with chapter 16 subsection 16.7 of CPLL Cllr Johnson’s request for separate and severance trial is hereby granted.
Peabody placed Witherspoon on bare denial and ruled to trial on its merit with a default judgment.
Spoon’s lawyers excepted to the ruling with a flight to the Supreme Court.
