Liberia: Supreme Court Refuses to Review Bank CEO’s Wife US$6K Support Claim

Supreme Court of Liberia.

Liberia: Supreme Court Refuses to Review Bank CEO’s Wife US$6K Support Claim

The Supreme Court has declined to review the judgment of Judge Kennedy Peabody of the Civil Law Court ‘A’ denying a request from the embattled wife of the CEO of IB Bank, Vivian Joe-Saamoi, for a monthly support of US$6,000 from her husband, Henry F. Saamoi.

Associate Justice Jamesetta Howard Wolokollie, the current Chamber Justice of the Supreme Court, upheld Judge Peabody’s decision by refusing to issue the writ of certiorari as prayed for by the wife (Mrs. Saamoi).

Mrs. Saamoi had earlier asked Peabody’s approval to demand her husband, while there is a divorce case between the two, to demand him to give her US$6,000 as alimony representing about one-third of her husband’s monthly income and also an amount of US$1,500 as a monthly support and upkeep payment for their minor son. 

However, Peabody ruled that under the law, in an action of divorce, the husband is to support his wife while the case is still pending. 

“Under no condition a judgment could be passed in on the Amended Motion for Alimony and Support, without considering the Prenuptial Agreement signed between both parties on November 30, 2015 prior to their marriage,” Peabody's ruling said.

Quoting the prenuptial agreement between the couple, the judge said, “Vivian will be entitled to support in the maximum monthly amount of US$500 on the condition that the parties are married for a minimum of two years and Henry is still gainfully employed therefore Count 14 of the Prenuptial Agreement is not in dispute.” 

Peabody further said, the parties realize that their respective financial circumstances may be altered in the future by changes in their health, “the cost of living, their employment, their marital status, the breakdown of their relationship, or otherwise. No such changes shall give either party the rights to see additional support under any law.”

According to Peabody, the prenuptial agreement defeats the contention of Vivian J. Saamoi that she is entitled to one-third of her husband’s income against a legitimate contract signed by both parties.

He added: “either party is legally obligated to uphold and abide by the stipulations (counts) contained in the Prenuptial Agreement because both parties assented and signed the instrument with their sound minds.”

On the issues of the US$6,000 per month and for her to be paid retroactively from February 23, 2020, as requested by Saamoi, the judge said such a decision cannot be left to the discretion of the parties in the proceedings. 

He noted that the spirit and intent of the law clearly obligates the court to use its discretion considering the required justice and circumstances of the parties in these proceedings to make a determination of the matter.

“Consistent with Section 9.3 of the Domestic Relations Law of Liberia, which seeks the discretion of the court in determining such case, Vivian J. Saamoi is only entitled to US$500 as support monthly of the date of filing the Action of Divorce contrary to her previous demand of US$6,000 monthly from her husband's monthly income,” the judge further ruled. 

He further indicated that the judgment extends up to and including the date of the ruling as alimony and US$500 monthly too for the support of their minor son, Henry Saamoi, Jr. excluding school fees, something that also defeats her previous demand of US$1,500 from her husband monthly salary for their son’s support. 

The case grew when Mr. Saamoi filed an action of divorce against his wife for incompatibility of temper and cruel and inhumane treatment.

Saamoi filed the suit  on October 21, 2021, following their marriage on December 6, 2015.

In his complaint, Saamoi recounted that it was his expectation that after their holy matrimony, both partners would live together in peace, harmony, happiness and caring for one another and, if blessed with children, care for, support and bring up such children in keeping with the Christian faith.

But he informed the court that contrary to such expectations, his wife, in violation of her marital vow, became disrespectful by using invectives and insulting words such as stupid, foolish, irresponsible, and useless in the presence of the maid and children in their marital home.

The CEO of the IB Bank (Liberia) Limited added that aside from those counts against her, his wife has been very violent by engaging in fist fight with him on two occasions, spilled his blood and also threatened and vowed to break bottle on his head if ever he discloses that she had insulted him, adding that several interventions were made by her pastor and others but all failed.

At the same time, Saamoi averred that since the matter was getting worse daily, he wrote a communication to his wife on February 22, 2019 detailing her conduct, behavior and attitude, which he said made both living together dangerous.

He stressed, according to the court documents, that he informed Saamoi that he was leaving and vacating their marital home on February 23, which he built prior to their marriage to preserve his life.

Based on these reasons and many others, Mr. Saamoi prayed the court for a decree dissolving the marital contract entered into by both of them to allow each other to go their separate ways as though such contract was never made and executed.

However, in resistance to his action of divorce, Vivian J. Saamoi filed a petition for an Alternative Writ of Certiorari before the Civil Law Court ‘A’ and simultaneously filed a Motion for Alimony Pendente Lite and Support for her and their minor son, Henry F. Saamoi, Jr.

In her petition, Mrs. Saamoi requested US$6,000 (Six Thousand United States Dollars) for her Alimony representing about one-third (1/3) of her husband’s monthly income and also an amount of US$1,500 (One Thousand Five Hundred United States Dollars) representing monthly support and upkeep payment for their minor son.

 

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