Defendant who invited the 2nd Defendant to assist in carrying out some
assignments with regard to the case.
The 2nd Defendant is neither the originator of the case nor did she in any
manner whatsoever contribute to the violation of the rights of the Plaintiffs
directly or indirectly. At best he merely acted as an agent to a named principal;
the Republic of Liberia. The principle of the law of agency provides that as
long as an agent acts within the ambit
of
his conduct, actual, usual or
ostensible, the Principal answers for any act of misfeasance or non -feasance
the agent committed. It is therefore sad that the 2nd Defendant who merely
answered the call of a neighbouring State for assistance should be joined in
this suit. It is condemnable, irresponsible and devoid of any logic and reason.
Accordingly, it is the opinion of this Court that the Plaintiffs have merely
wasted the time and the scarce resources of the 2nd Defendant, it is indeed a
conduct to be frowned at.
Having arrived at this stage, the Court needs to consider whether from the
totality of the facts and circumstances adduced by the Plaintiffs, the subject
matter (or human rights) jurisdiction of this Court have been successfully
invoked.
In doing this, it is necessary to examine the entire cause of action. It
consists of all those things necessary to give a right of action to a Plaintiff See:
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