S/Court Upholds Decision against Subah-Belleh in US$100K Damages

first_imgAfter reviewing the evidence on the record, the Supreme Court has upheld the lower court’s decision that defendant Nelson Oniyama had title and the right of possession to 3.31 acres of land situated at Bushrod Island in Monrovia, which had been a subject of ejection since 2010.The decision was reached with a vote of three (3) in favor and two (2) against among the five justices of the Supreme Court.Those Justices in favor were Associate Justice Kabineh M. Ja’neh, Associate Justice Philip A.Z. Banks and Associate Justice Sie-A.Nyene G. Yuoh, while Chief Justice Francis S. Korkpor and Associate Justice Jamesetta H. Wolokollie were against the decision. The  case was filed in the Supreme Court by lawyers representing Pewu Subah and Willie Belleh arguing that the Civil Law Court  denied their request for a new trial and refused to reverse its  jury verdict declaring defendant Oniyama not liable (not guilty)  in an  “Action of Ejection,” lawsuit, for which they were claiming US$100,000 in damages.Pewu Subah and Willie Belleh jointly owned the Subah-Belleh and Associate, a Liberian professional group that has been providing management consultancy and research services in the country.But, upholding the lower court’s decision, Associate Justice Philip A. Z. Banks, now Justice in Chambers, who delivered the High Court’s opinion,  declared that “the trial judge confirming the jury verdict to award the property to defendant Nelson Oniyama, being in accordance with the facts and the law, said verdict and judgment are hereby affirmed.”Defending their actions, Justice Banks said, they (three justices) reviewed the facts and circumstances presented in the case, including oral arguments advanced by the parties and the contention in their respective briefs.“Having carefully examined the law governing and applicable to ejection matters; they were satisfied that the    plaintiff (Subah-Belleh) did not meet the evidentiary burden of proof standard required under our law relating to ejection cases,” Justice Banks further clarified.He went on to instruct the Clerk of Court” to send a mandate to the Civil Law Court, commanding the judge presiding therein to resume jurisdiction over the case, and to proceed to enforce the judgment of the court in accordance with the law. Cost is adjudged against the plaintiff, Pewu Subah and Willie Belleh.”Prior to Justice Banks’ ruling, the jury of the Civil Law Court returned from their room of deliberation and came down with an unanimously non-liable (non-guilty) verdict in favor of defendant Oniyama, concluding that he had title and the right of possession to the disputed property.They also denied Subah and Belleh US$100,000 damages claimed against defendant Oniyama.Immediately, after the jury verdict, lawyers of Subah and Belleh asked the court to set-it aside and order a new trial because, they argued, said verdict was clearly contrary to the weight of the oral and documentary evidence adduced by the defendant during the trial.Equally convinced that the plaintiffs (Subah and Belleh) had failed to meet the requisite burden of proof standard governing ejection, the court went ahead and denied their request  and proceeded to enter final judgment against them.It was based on the decision that Subah and Belleh appealed before the Supreme Court to review the ruling of the lower court.The case emerged on May 9, 2011, when Subah and Belleh lawyers complained to the lower court, arguing that defendant Nelson Oniyama had encroached on property, which they had ownership to by virtue of a deed alleged to have been issued in their favor by one John G.T. Nagbe, purported administrator of the Intestate Estate of the late G. Koffa Nagbe.They further alleged that in 1985, the Monthly and Probate Court for Montserrado County, upon the request of John G. T. Nagbe, administrator of the Intestate Estate of the late G. Koffa Nagbe, issued a court’s decree of sale of real property.They said, in 1986, John G.T. Nagbe as administrator of the estate sold a certain parcel of land containing 3.31 acres to them.They also said that after they were given the property they further lease it to Lemminkainen O.Y., a Finish construction company, which was operating in Liberia.Unfortunately, Subah and Belleh claimed that in July 2008, the same Monthly and Probate Court issued letters of administration to one Agnes S, Nagbe, claiming to be another heir of the Nagbe estate. By then, they alleged, John G.T. Nagbe, who was the original administrator, had died.“On the strengthen of those letters of administration, Agnes S. Nagbe sold the 3.31 acres of land to defendant Nelson Oniyama ,” they alleged in their lawsuit.Shortly after obtaining the administrator ‘s deed, Subah and Belleh alleged, “Oniyama began to assert title to and authority over the land , which they appealed to the  Civil Law Court to evict him and to compensate them with US$100,000 for the more than two (2) years during which he had deprived them of the property.In counter argument, Oniyama’s lawyers pled with the court to dismiss the complaint, arguing that their client on July 11, 2008 acquired through a genuine purchase the parcel of land from the Intestate Estate of the late G. Koffa Nagbe, comprising 3.31 acres of land which is the subject of ejection.According to him, before he could purchased the property,  notices  to survey it were published on several occasions  in the Inquirer newspaper and also announced on radio , thereby giving notice to other interested parties , if  any, that they were about to purchase the said parcel of land.Thereafter, they conducted the survey on June 6, 2008, “even though many persons appeared including one Jones, believed to be a surveyor of Subah-Belleh Associate, but not a single person objected to the said re-survey,”  Oniyama further claimed.Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)last_img read more

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Former Holland coach to replace Poyet as Sunderland boss?

first_img Former Netherlands international coach Dick Advocaat 1 Sunderland have opened talks with former Netherlands international coach Dick Advocaat to take over as manager on a short-term basis, according to widespread reports.The well-travelled Dutchman, who has had two stints in charge of his national side and spent four years at Rangers, has been identified as the man to lead a late charge against relegation following Gus Poyet’s dismissal on Monday afternoon.The Black Cats are moving quickly in their pursuit of the 67-year-old, with their upcoming trip to West Ham one of only nine games left to lift them away from the Premier League drop zone.Poyet left the club a single point above the bottom three and reeling from a calamitous 4-0 home defeat by relegation rivals Aston Villa.That result, and images of thousands of Sunderland fans pouring out of the ground in disgust, hastened what had already become an expected departure for Poyet, who was in post for 17 months, winning just 23 games from 75 at the helm.Advocaat, meanwhile, has won league titles in three countries during his lengthy coaching career, claiming the Eredivisie with PSV Eindhoven, the Russian Super League with Zenit St Petersburg and two SPL trophies during his spell at Ibrox.last_img read more

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App delivery boom shakes up China food sector

Business is good. “8Peppers” now has 10 branches and Guo is a partner in a separate kitchen-only project with eight outlets and hundreds more planned nationally.Passionate about food, Chinese are also eager adopters of e-commerce, a potent combination for delivery start-ups.More than 200 billion yuan ($32 billion) worth of meals were delivered in 2017, equalling Bolivia’s gross domestic product, a figure expected to grow another 20 percent this year, consultancy iiMedia Research said.Users of meal-ordering platforms tripled in two years to 343 million in 2017, the China Internet Network Information Center said, the vast majority using mobile apps. The delivery cost of a few yuan is no deterrent as Chinese incomes rise Su Xiaosu struggled after migrating several years ago from rural Jiangsu province to Shanghai, where she married. But in 2016, she joined fast-growing platform Hui Jia Chi Fan (“Go home to eat”), which plugs home kitchens into delivery networks and is now in six cities. Su, 34, now grosses up to 3,000 yuan ($475) per day, an eye-popping take for most Chinese, by frying up Jiangsu specialties in her tiny home kitchen and handing them to blue-clad Ele.me deliverymen in her apartment stairwell. She can now afford a foreign tutor for her young daughter and has plans to buy an apartment, once only a dream.”My biggest concern is upsetting my neighbours. There are crowds of deliverymen during peak hours and some elderly neighbours sleep early,” Su said. Users of meal-ordering platforms in China have tripled in two years to 343 million The industry is another proxy battle between e-commerce heavyweight Alibaba and gaming and social media rival Tencent in their struggle for tech dominance in everything from online games to content and mobile payments.Alibaba is an Ele.me backer while Tencent is heavily invested in Meituan. Delivery platforms have raised billions in venture capital and are said to be burning cash via discounts to grab market share, with growth rates expected to slow.But the industry impact will deepen, say analysts.”It will change restaurant design. Kitchen space only used to be one-fourth of a restaurant. But restaurants are now becoming something like processing centres for delivery,” said Wang Yuke of real estate consultancy RET. Su Xiaosu fries up Jiangsu specialties in her tiny home kitchen More than 200 billion yuan ($32 billion) worth of meals was delivered in 2017 Kale to go: Amazon to roll out delivery at Whole Foods He doesn’t need them—stationed outside each outlet are packs of food deliverymen on motorbikes waiting to whisk dishes from Guo’s steaming kitchens to homes, office buildings and factories across the city of 24 million.China’s app-based meal-delivery boom of the past two years has introduced several now-familiar phenomena: families and office workers huddling around mobile phones to place orders, delivery scooters scattering pedestrians on crowded sidewalks, and mountains of empty plastic meal containers.But it’s also fuelling wider change by shrinking restaurants and reducing how often families cook at home while allowing millions to fry up meals in their own home kitchens and ship them to hungry buyers.”In a rapidly developing city like Shanghai, time is money. So people don’t want to spend it cooking for themselves anymore,” said Guo, 29, adding that many younger people like him are no longer learning how to cook.”8Peppers” focuses purely on delivery through leading platforms like Ele.me and Meituan, avoiding the expense of paying waiters and maintaining a dining space. ‘Convenience and efficiency’The delivery cost of a few yuan is no deterrent as Chinese incomes rise, said Zhang Xuhao, Ele.me’s founder and CEO.”Price is not so important anymore. Convenience and efficiency get the most attention, especially among Chinese born in the 90s or 2000s,” Zhang told AFP. Citation: App delivery boom shakes up China food sector (2018, February 14) retrieved 18 July 2019 from https://phys.org/news/2018-02-app-delivery-boom-china-food.html Charts on the food-delivery boom in China “8Peppers” focuses purely on delivery through leading platforms like Ele.me and Meituan Ele.me is now working on user-data systems that can help restaurateurs determine where to open for maximum sales, and testing delivery drones.With its massive and growing cities, “China’s potential is extremely large”, Zhang said. Guo Bonan has opened several new branches of his “8Peppers” spicy Sichuan-style restaurants across Shanghai since last year, and not one has a dining room. supermarket sales are ‘depressed’ as meal deliveries reduce grocery demand Explore further “People just aren’t cooking at home anymore.”Even perennially strong sales of instant noodles dropped three straight years from 2013 to 2016 as food delivery took off, according to state media.Supermarkets have rushed to offer delivery, and Alibaba in 2015 launched a new grocery chain with online ordering and delivery.Alibaba and others also have launched initiatives to connect suddenly vulnerable mom-and-pop stores to delivery networks.”That’s the future. Some of these new apps will help mom-and-pop stores survive,” said Lannes. © 2018 AFP Food fightNot everyone is happy.Besides delivery waste that has taxed municipal authorities, tens of thousands of accidents were blamed on notoriously risk-taking deliverymen in 2017, including scores of deaths, prompting new government safety guidelines.And supermarket sales are “depressed” as meal deliveries reduce grocery demand, said Bruno Lannes, a partner with consultancy Bain & Company.”It’s now so easy to get food delivered at home, in the office or anywhere within 30 minutes, and in a variety that you can’t get at home,” Lannes said. This document is subject to copyright. Apart from any fair dealing for the purpose of private study or research, no part may be reproduced without the written permission. The content is provided for information purposes only. read more

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Siemens on track for 2019 ahead of power and gas spinoff

first_img © 2019 AFP This document is subject to copyright. Apart from any fair dealing for the purpose of private study or research, no part may be reproduced without the written permission. The content is provided for information purposes only. Germany’s Siemens says plans to spin off oil and gas unit German industrial conglomerate Siemens said Wednesday it was sticking to its targets for 2018-19 after a steady second quarter, having announced the spinoff of its historic power and gas unit a day before. Net profits at the group fell five percent year-on-year, to 1.9 billion euros ($2.1 billion) between January and March.Meanwhile revenues were up two percent adjusting for currency effects, at 20.9 billion euros.In 2019, “we enter into a new era to become an even stronger and more focused Siemens,” chief executive officer Joe Kaeser said in a statement.Like other once-sprawling German conglomerates like Thyssenkrupp, Bayer or Continental, Siemens is slimming down via successive spinoffs and flotations of units that no longer fit into its bosses’ vision.By September 2020, the power and gas unit with its oil and gas, gas turbines, power transmission and related services businesses is planned to be listed separately on the stock market.Siemens plans to remain a “strong anchor shareholder” with a blocking minority holding in the new company.While the fossil fuels business is disliked by shareholders and has struggled with profitability in recent years, it lifted its operating margin to 5.6 percent in the second quarter, on adjusted revenues down six percent at 2.8 billion euros.Outstanding orders at the unit were steady at 3.2 billion.By contrast rail, another flagship division, saw large contracts for trains including in the US and Germany help swell the order book 42 percent to 3.5 billion euros.But there was no clue from Siemens about a future strategy for its mobility activities, after its planned merger with France’s Alstom was blocked by the European Commission.The group also saw a stable performance at its “digital factory” automation business, an investor favourite with operating profit margins amounting to 19.6 percent on revenues of 3.4 billion euros.Looking ahead to the full year, Siemens remained cautiously confident, aiming for “moderate growth in revenue” and a profit margin of 11 to 12 percent in its core industrial businesses, adjusting for portfolio and currency effects.center_img Siemens plans to spin off its struggling gas and power unit to prepare it for a potential stock market listing next year Citation: Siemens on track for 2019 ahead of power and gas spinoff (2019, May 8) retrieved 17 July 2019 from https://phys.org/news/2019-05-siemens-track-power-gas-spinoff.html Explore furtherlast_img read more

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Kashmir parties for simultaneous assembly LS polls

first_imgSHARE Published on COMMENT March 04, 2019 Jammu and Kashmir Chief Election Commissioner Sunil Arora (file photo)center_img COMMENTS The political parties of Kashmir on Monday impressed upon the Election Commission of India (ECI) to hold the assembly polls in Jammu and Kashmir simultaneously with the upcoming Lok Sabha elections. The ECI on Monday began a two-day visit to the state to assess the feasibility of holding the Lok Sabha and the assembly polls simultaneously. Delegations of National Conference, Peoples’ Democratic Party, Pradesh Congress Committee and other smaller parties met the ECI team headed by Chief Election Commissioner Sunil Arora to put forth their views about holding of assembly elections in the state.Hold elections ‘as soon as possible’The officials said the team will leave for Jammu later in the day and hold similar interactions there tomorrow. “We impressed upon the Election Commission that there is no reason why Assembly elections cannot be held simultaneously with the Lok Sabha elections. Not holding assembly polls will send wrong signals to people within and outside the state,” NC leader Nasir Aslam Wani, who was part of his party’s delegation, told PTI after the meeting. Wani said the NC delegation informed the commission that restoration of an elected government in the state was urgently needed as the Governor’s administration was taking decisions on matters with widespread implications. PDP delegation leader Abdul Rehman Veeri said his party also wanted an early election to the state assembly so that a people’s government is put in place. Asked if PDP delegation had sought assembly polls be held alongside Lok Sabha elections, Veeri was non-committal. “The elections should be held as soon as possible,” he said.‘Bureaucrats’ government’Congress leader Taj Mohiuddin said his party delegation highlighted the fact that holding assembly elections together with Lok Sabha elections can lead to higher voter turnout as was witnessed in 2008 assembly polls. “We told the Election Commission how in 2008 assembly elections a high voter turnout was witnessed when people doubted about holding the polls. Our stand was that the Commission has all the data about security deployment in 2008 and it should be easy for them to assess the requirements for this year’s election as well,” he said. Mohiudding said while the Governor’s administration might be doing its job well, President’s Rule cannot be an alternative to an elected government in terms of redressal of problems faced by the people. “The MLAs are the link between the government and the people and no one can replace this link. The government under President’s Rule is bureaucrats’ government. They are not accessible to common people,” he said. CPI(M) delegation led by M Y Tarigami told the Commission that the democratic process in Jammu and Kashmir should be resumed at the earliest and advocated holding Lok sabha and state assembly polls together in the state. “Jammu and Kashmir state is without an elected government for the past nine months and in the absence of an elected government, uncertainty in the state is deepening day-by-day and dissatisfaction among large section of people is increasing,” Tarigami said.“Only effective response to this situation is to initiate democratic process and hold elections to Assembly and Lok Sabha simultaneously. Any delay to do so will hamper the process of improvement in the situation,” he added.Assessing ground realities The ECI team, headed by Chief Election Commissioner Sunil Arora, began interactions with political parties soon after their arrival in the summer capital, officials said. They said the team will meet with officials of the state government, including the Deputy Commissioners and the district police chiefs, to get a briefing on the security situation in the state.The state is currently under President’s Rule since December 19, 2018 which was necessitated at the end of the six month period under Governor’s Rule imposed on 19 June 2018. The PDP-BJP government in the state fell on June 19 after the national party pulled out of the coalition. SHARE SHARE EMAIL electionslast_img read more

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