MONROVIA-Mutual Advantages Assurance Firm (MBAC) has been uncovered by its lack of ability to hunt full settlement of US$11m owed Bea Mountain Mining Firm.
At one time, BMAC is requesting for discussions that may result in a complete settlement of stated quantity, whereas it’s working to courtroom to file a writ of prohibition; a doc to cease them paying stated quantity.
Not too long ago, the Industrial Courtroom enforced the ultimate judgement from the excessive courtroom by which MBAC is to pay an quantity of US$ US$11.226,573.85 to BMMC.
A letter seen by this paper from MBAC politely requested BMMC for continued discussions, which might ultimately result in settlement.
A part of the letter dated July 12, 2025, signed by Cllr. Aloysius Teah Jappah Authorized Counsel Mutual Advantages Assurance Firm stated; “I write on behalf of Mutual Advantages Assurance Firm to substantiate our continued dedication to an amicable decision of the issues presently in dispute between our establishments.”
It continued: “Consistent with public coverage favoring negotiated settlements, Mutual has licensed its designated Board members and senior administration to affix authorized counsel within the subsequent part of discussions.”
“The letter additional stated: “We imagine this step displays the seriousness with which we strategy this matter and our need for a principled and constructive consequence.”
The Writ of Execution was signed by his Honor, Choose Chan-Chan A. Paegar.
The motion is the end result from a business lawsuit filed by BMMC, represented by Normal Supervisor Corridor Ozdemir, over MBAC’s alleged failure to satisfy monetary obligations arising from a contractual relationship between each corporations.
Bea Mountain Mining Company (“BMMC”), instituted an motion of debt towards Mutual Advantages Assurance Firm (“MBAC”), to implement cost primarily based on contractual obligations as contained in 4 (4) bond devices issued by MBAC in favor of BMMC.
On April 27, 2022, the Industrial Courtroom entered judgment in an quantity of US$9,847,604.28 which the courtroom decided MBIC was duly entitled as a matter of regulation. The Informant then excepted to the ultimate ruling of the decrease courtroom, and introduced an attraction to the Honorable Supreme Courtroom sitting in its October Time period, A.D. 2022.
On Could 18, 2022, the Informant filed its Invoice of Exceptions, which was authorized; that necessitated the issuance of the Courtroom’s Invoice of Price, taxed by the Informant and a gap of an escrow account designated by the stated Courtroom for Informant to proceed and deposit the judgment sum therein as offered by regulation. Thus, the decrease courtroom stays with out jurisdiction apart from restricted functions of perfecting the attraction introduced and fulfilment of different statutory necessities in respect of enforcement in step with the Act Establishing the Industrial Courtroom.
Following the institution of the escrow account by the Industrial Courtroom at Warranty Belief Financial institution for the judgment quantity to be deposited therein as a statutory requirement, pending last willpower of the matter on attraction; On Could 28, 2022, the Financial institution notified the courtroom of the opening of an account, Bea Mountain v. Mutual Profit Assurance Firm which account particulars the decrease prolonged to the Informant and mandated it to deposit the stated judgment quantity.
Surprisingly, the Informant with out discover to Respondents, deserted its attraction and fled to this Honorable Courtroom on a petition for a writ of prohibition, earlier than the Chambers Justice, former Affiliate Justice and present Chief Justice Sie-A-Nyene G. Yuoh, issued the Various Writ of Prohibition, which writ Justice Yuoh later quashed after argument, from whence the Informant excepted and introduced and attraction to the complete bench of the Courtroom.
Following argument, on the twenty fifth day of January, A. D. 2023, the Honorable Supreme Courtroom, in its opinion delivered by Justice Nagbe, whereas disposing of the attraction rising out of the Chambers Justice’s ruling on petition for a writ of prohibition filed by the Informant, held that “the [Informant] having introduced an attraction to the Honorable Supreme Courtroom, filed its authorized invoice of exceptions throughout the time allowed by the attraction statute, and thereby ousting the trial courtroom of jurisdiction and subsequently taxed the invoice of prices emanating therefrom, the appellant can’t abort the attraction course of and substitute it with an utility for a writ of prohibition.” See Mutual Advantages Assurance Firm v. Her Honor Eva Mappy Morgan et al, determined by the complete bench on January 25, 2023.
The Supreme Courtroom additionally held that “all appeals rising out of judgments (awards) emanating from the Industrial Courtroom, whether or not by arbitration or via common trial, are ruled by Article IV of the Act which created the Industrial Courtroom of Liberia; therefore, the [Informant] ought to proceed to good its attraction nunc professional tunc.”
The Clerk of the Honorable Supreme Courtroom was ordered to ship a mandate to the Industrial Courtroom to renew jurisdiction and provides impact to the stated judgment. The Industrial Courtroom, following the studying of this Honorable Courtroom’s mandate and resumption of jurisdiction, notified the events of the escrow account opened at Warranty Belief Financial institution, and mandated the informant to proceed at stated financial institution to deposit the judgment quantity therein; which mandate the Informant has did not honor; as a substitute Informant filed this Invoice of Info opposite to this Honorable Courtroom’s judgment of January 25, 2023, which mandated the Informant to proceed to Industrial Courtroom of Liberia and “good its attraction nunc professional tunc.”( It refers to a courtroom order that’s made efficient as of a previous date, fairly than the date the order is definitely issued.)
Appellee argued that the Informant the Invoice of Info was filed in dangerous religion to delay and buffered the position of the judgment sum within the escrow account, which account is an curiosity bearing account; which will expose the courtroom to public disrepute, as a result of Informant did not state any floor that the decrease courtroom could have gone opposite thereto as contained on this Honorable Courtroom’s judgment of January 25, 2023, the invoice of Info seeks to subjugate the complete bench judgment which put finality to the matter to the “then” Justice Yuoh’s Chamber ruling of 2015, after Chief Justice Yuoh herself has delved into the difficulty and quashed the stated writ, from whence Informant excepted thereto and introduced an attraction earlier than the complete bench.
Additional, it’s value noting that throughout the pendency of Informant completion of attraction course of as mandated, the Informant filed one other prohibition earlier than the Chambers Justice presiding, Justice Gbeisay, by which he primarily raised the identical points and or factors that the Supreme Courtroom has addressed or thought-about in its Opinion of January 25, 2023, which is meant to impede the enforcement of this Honorable Courtroom’s mandate.
This isn’t the primary try to execute a judgment towards MBAC. In April 2023,(as seen above) the corporate resisted enforcement of the same writ issued by Choose Eva Mappy Morgan. Throughout that incident, MBAC allegedly locked its premises and denied entry to courtroom officers, which led to the execution of the courtroom’s order.
Alphonso Toweh
Has been within the career for over twenty years. He has labored for a lot of worldwide media shops together with: West Africa Journal, Africa Week Journal, African Observer and did occasional reporting for CNN, BBC World Service, Sunday Instances, NPR, Radio Deutchewells, Radio Netherlands. He’s the present correspondent for Reuters
He holds first MA with honors in Worldwide Relations and a candidate for second grasp in Worldwide Peace research and Battle Decision from the College of Liberia.
