By Precious D. Freeman
The Supreme Court has issued a mandate to magistrates across the country to resolve persistence non-support cases within two days.
The Court has warned that any delays beyond the prescribed time will be deemed a travesty of justice and an abuse of magisterial jurisdiction.
Chief Justice Sie-A-Nyene G. Yuoh, addressing the Liberian National Bar Association 2024 Convention over the weekend, criticized the undue delays in case resolution caused by the actions of some magistrates, lawyers, and court staff.
She described such practices as unjustifiable and contrary to the intended function of magisterial courts.
Chief Justice Yuoh cited Rule 9 of the Rules and Regulations for Governance of Magisterial and Circuit Courts, which states that no civil case should be delayed for more than two weeks without just cause.
Similarly, criminal and traffic cases must be resolved within 30 days of arrest.
She emphasized that magistrates, with their limited jurisdiction, are required to operate on a month-to-month basis, ensuring swift resolution to maintain peace in their respective areas.
“The legislative intent for the establishment of magisterial courts is to ensure peace and justice through prompt case resolution,” said Chief Justice Yuoh. “Delays caused by unnecessary legal technicalities undermine this purpose.”
The Chief Justice highlighted specific cases where magistrates have granted continuances of up to six months, such as allowing defendants to secure deeds in property disputes.
She described this as “a travesty of justice,” pointing out that such delays ultimately strip magistrates of jurisdiction over the cases.
“Magistrates are to issue immediate judgments in cases like summary proceedings for recovery of real property,” she noted. “If a defendant later presents a deed, they must appeal to the circuit court, which has the proper jurisdiction.”
To ensure compliance, the Supreme Court has implemented monitoring mechanisms to oversee magisterial courts’ adherence to time limits.
Magistrates are warned against excessive deferrals and unwarranted delays, particularly in persistence non-support cases.
“Any action by magistrates to delay such case is not only unjustifiable but ultra vires,” Chief Justice Yuoh stated. “This bench will no longer tolerate filibustering by lawyers and their clients to frustrate justice.”
The Supreme Court reaffirmed its constitutional mandate to administer justice transparently, efficiently, and without fear or favor. It called for strict penalties against those attempting to exploit legal technicalities to delay case outcomes.
This directive underscores the court’s commitment to upholding the rule of law and ensuring timely justice for all Liberians.
