Be declared inadmissible as arbitration is the dispute resolution mechanism
agreed by parties.
In their response to the preliminary objection, the Applicant urged the Court to
dismiss the preliminary objection and determine the matter on its merit.
On 18th of April, 2016, Respondent filed its defense and an application to stay
proceedings.
In its defense, the Respondent argued that the Applicant’s application fails to
state the actual subject matter as to what the case was against the Respondent.
That from the records of the civil law court, there is nothing suggesting that the
Applicant filed an action for damages against the Respondent. That on May 20,
2015, it requested for the certified copies of the writ of summons, originating
complaint and amended complaint in the action for damages and no such
document existed in the records of the court.
That during the investigation into the matter, it observed that a separate action
for specific performance was filed by the Applicant in the Civil Law Court
against the Respondent and not an action for damages and the orders sought in
the application was to compel the Respondent to “live freely with and by the
terms and conditions of Exhibit 1 or grant the Applicant US$4, 000,000 as
alternative”. That special and general damages was never pleaded by the
Applicant and also there was no evidence of a writ of summons and petition for
specific performance served on the Respondent by the Applicant.
Respondent further stated that it has filed an extra ordinary writ of prohibition
before the Supreme Court of Liberia. That the effect of the said writ and
assumption of jurisdiction by the Supreme Court places a stay and prohibits the
Court which issued the judgment from acting on same. That consequent upon
this, there is a bar proceeding with this case which seeks to enforce the decision
of the national court.
On the 2nd of March, 2017, the Respondents entered a new plea pursuant to
Article 37 (2) (3) of the Rules of this Court.
There appears from the pleadings and Preliminary objection that one sole issue calls
for determination namely:
5