MONROVIA: The Judge of Debt Court of Montserrado County, James E. Jone, has called for speedy adjudication of cases within stipulated timeframes.
Judge Jones observes wasteful delay of cases before the court.
Remarking recently at the formal opening of the Debt Court of Montserrado County Jury Term, Judge Jones said, the average time for processing a case in the Debt Court from filing to judgement is about six months.
According to him, the length of time mentioned is far from what should be the reality of the time of six months to six weeks to have a case reached full completion.
Judge Jones: “The question now is: what can be done here at the Debt Court that would reduce the time to process a case from six (6) months to six weeks?”
The Debt Court Judge further indicated he will now use robust utilization of the pretrial conference, a streamline and more orderly trial procedures.
Judge Jones expressed confidant in combating the prolonged delay of cases on the docket of the court.
He added that it will make the trial more predictable.
The Montserrado County Debt Court Judge indicated that he will now kick against flimsy (weak) excuses from lawyers as such excuses contribute to the delay of court trials.
He, at the same time said, cautions lawyers to be deliberate and thorough in their pleadings so as to avoid unwarranted contentions and unnecessary issues.
“Firstly, lawyers must be deliberate and thorough in their pleadings so as to avoid unwarranted contention and unnecessary issues,” Judge Jones added.
He maintained that women should file their cases when they are ready in terms of witnesses and material evidence despite the consideration of statute of limitation.
The Debt Court for Montserrado county Judge averred that lawyers must readily concede and cooperate for the forward movement of court trials where their interest is not jeopardized.
” We have observed that overtimes, the court has been doing the same things the same way over and again, obtaining the same results, the slow processing of cases from filing to delivering of judgement,” he added.
He lamented that the Debt Court will be very vigorous in executing its mandate in ensuring that the 25% judgement be paid before the guilty party leaves the court.
Also speaking at the opening of the court, lawyers cautions the court to focus on judgment enforcement as a means of safeguarding the image of the Judiciary.
“We want the court enforces her judgement, with this, it will give confidence in the court system and remove the dark cloud out there that the judiciary is corrupt,” Cllr Mulbah said.
The Debt Court exercises exclusive original jurisdiction in all civil actions to obtain payment of a debt in which the amount is $2001.00 to $15,000.00 and shares concurrent jurisdiction with the Commercial Court on amounts of $15,000.00 and above.
The Debt Court adopts the procedure of the circuit court in the enforcement of its judgment.
Appeal from judgments of the Debt Court or institution of remedial proceedings during trial in the Debt Court does not operate or serve as a stay in the enforcement of its judgment, except when the party was denied its day in court or the amount of the debt is in dispute. Appeals from the determination of the Debt Courts are heard by the Supreme Court of Liberia.
The Debt Court has concurrent jurisdiction with Circuit Court in the issuing of the Writ of Ne Exeat Republic in cases arising out of debt.
