(LINA) – Supreme Court Associate Justice Joseph Nagbe has placed a stay order stopping the legal proceedings involving GN Bank-Liberia Limited and businessman Philip Gawetay at the Civil Law Court ‘B’ at the Temple of Justice.
The case is an Action of Damages for Wrong in the tone of L$7 million as well as US$250,000 filed by businessman Gawetay at the lower court two weeks ago.
Justice Nagbe on Monday ordered Judge Ceaineh Clinton-Johnson to discontinue Gawetay’s lawsuit against GN-Bank and mandated the two parties’ legal teams to appear at the Supreme Court on Tuesday August 6, for conference.
The conference will be held in the chamber of Justice Nagbe where both prosecution and defense lawyers will argue the case.
The Justice-in-Chamber Nagbe’s decision comes as a result of a petition from the Bank’s lawyer, Cllr. Alexander Zoe, seeking a Writ of Certiorari consistent with Chapter 16, Section 16.21 of the Civil Procedure Law of Liberia.
A writ of certiorari is an order a higher court issues to review the decision and proceedings in a lower court.
The financial institution lawyer’s nine counts application accused Judge Ceaineh Clinton-Johnson of refusing to admit vital pieces of evidence from the defense and asked the Justice-in- Chamber to intervene consistent with law.
Since legal proceedings opened between GN-Bank Liberian Limited and businessman Gawetay, the bank’s legal team has been finding it difficult to admit several questionable pieces of evidence that were earlier passed upon by former Civil Law Court Resident Judge Yusuf Kaba.
It can be recalled that Gawetay in 2017 took a loan of US$16,000.00 from the GN Bank to be paid in three months, but when did not settle his debt, the Bank instituted a lawsuit through the Commercial Court which ordered that the business area of Gawetay be closed down.
The Court also order security to protect the business center, but while in the process the entity was burglarized by unknown men, prompting the businessman to file for damages at Civil Law Court B.