The estranged wife of the Late Charles Kuyon, Madam Korlu Wolobah-Kuyon has prayed the Civil Law Court Judge Nancy Sammy to recuse herself from presiding over the petition of Declaratory Judgment filed against Madam Evangeline Swope.
The four-count motion to recuse as filed before the Civil Law Court yesterday requested the judge to recuse herself from the matter and grant the plaintiff any and all reliefs that are just and equitable.
Movant Kuyon submits that she filed a Petition for Declaration on August 8, because when her husband, Charles Daiklo Kuyon died in Monrovia, Co-Respondent, Evangeline Swope illegally attempted to bury him; falsely claiming herself to be the wife.
Movant Kuyon further that while the matter is pending before determination, Judge David entered upon the records of the case on August 28, and asked the movant to waive her right to her husband’s remains so that the court could give the remains to his “family” to be buried in the absence of her, thereby requesting her to waive the very right she went to court.
Movant Kuyon explained that because she declined Judge David’s request to waive her right, the case has not moved forward knowing that the matter involves a dead body lying in the funeral home and the attending implications.
“Movant feels punished that the Judge will be running the clock on her by granting only one assignment in the matter between August 28, and September 26, knowing very well that movant lives and works in the United States of America and is only in Liberia to bury her husband; effectively compelling her to waive her right as suggested by the court,” the plaintiff told the court.
The movant said she no longer believes in the Judge to make fair determination of this case given that she has adopted a position contrary to law, practice and procedure pointing out that the judge’s suggestion that the “family” bury her husband without her, subordinates the movant’s role in family from being the first member to nothing.
“The question then becomes, who are the “family” that Your Honor wants to take over the Movant’s husband burial? How did the Court get know them when the only party before Court is Movant/Petitioner? How did their rights or feelings become superior to Movant/Petitioner’s when the legal definition of family in the jurisdiction starts with the spouse (wife)? Movant says Your Honor has established a bias against the actual party-petitioner for which the cool neutrality of the court has become wanting,” the movant concluded.
