Civil Law Court Judge Yusuf D. Kaba says there are some instances the jury wouldn’t know what cases are about for which witnesses are being paraded before them, and in the final analysis, the “verdict may not reflect a determination of the real issues raised by the pleadings.”
“In some cases, the jury does not know what the case is about for which witnesses are [being] paraded before them. In the final analysis, the verdict may not reflect a determination of the real issues raised by the pleadings,” Judge Kaba said Monday in Monrovia at the opening of the Civil Law Court, 20 June.
Judge Kaba – taking up assignment after serving a Supreme Court suspension surrounding some court matters, further indicated that there were also instances when a lawyer will argue “a law citation” for which he does not know, leaving him to wonder how then a court can enter an informed determination.
He, however, urged lawyers here to research their cases sufficiently if the outcome of a trial is to do justice to the parties, tying his punishment by the Supreme Court around a counsel that, he said, had not conducted diligent research “on collateral issues raised by the Supreme Court.”
“Had the counsel for the appellant in the case conducted diligent research on the collateral issues raised by the Supreme Court, the outcome of that case might not have been as it turns out to be,” Judge Kaba argued at the opening of the Civil Law Court in Monrovia, 20 June.
According to him, there were instances when a lawyer will argue “a law citation” for which he does not know, leaving him to wonder how then a court can enter an informed determination.
He said motions and applications were also most often than not, filed without supporting statutory or case law. As such, he suggested that in order to ensure that lawyers play their part in the adjudication process, it should be made a requirement that lawyers file legal memorandum to clarify issues which they cannot articulate well during oral hearing before the court.
In another development, Judge Kaba decried the conduct of land surveyors, expressing observation that bills submitted by public land surveyors to the court for conduct of an investigative survey are exorbitant and tends to discourage a fair determination of cases.
After being qualified, he said, public land surveyors will take ages before the survey is conducted and report submitted to the court. “This is also frustrating. Henceforth therefore, we intend to ensure that fees paid for the conduct of investigative survey will be reasonable and that deadline be set for the submission of reports.
The court shall adopt measures to ensure compliance in this regard,” he said.
By Winston W. Parley-Edited by George Barpeen