Despite several engagements in the Commercial, Civil and Supreme Courts regarding the case of the Management of Doramart Trade Limited vs the Management of GT Bank of Liberia, the Supreme Court has mandated the Civil Law Court to enforce its judgment of May 15 2019 in which the court ordered the Management of GT Bank to issue and send the letter of Credit to the Petitioner’s supplier.
The High Court’s mandate comes just after several engagements with other courts that include the Commercial Court with respect to a complaint filed by Doramart Trade Limited against the of Management of GT Bank of Liberia, where the petitioner (Dormart Trade Limited) sought legal redress regarding the credit facility with the bank.
The Civil Law Court following the reading of the Supreme Court’s mandate ordered the Management of GT Bank to send the Letter of Credit to Doramart Trade new supplier within 15 days and to report to the court within twenty (20) days as in the manner in which this order was executed, which the bank has deliberately refused to honor.
This mandate of the honorable Supreme Court’s grew out of the petition for a writ of Mandamus, delivered by His Honor Associate Justice Jusu Kaba that “the co-respondent bank did not appeal to the judgment at the time it was delivered on May 15 2019,therefore the judgment is binding and enforceable by the trial court.”Moreover since the Civil Law Court at the Temple of Justice brought down a judgment against Guaranty Trust Bank Liberia Limited in favor of Doramart Trade Limited, the management of GT bank has refused to respect the decision made by the courts.
According to the courts’ ruling, GT bank was mandated to grant Doramart Trade Limited credit facility to import its merchandised products from abroad, but since the ruling of the courts, the bank has refused and failed to honor the terms and conditions as contained in the credit facility agreement.
Following the constant defiance posture of GT bank against the rule of law, DTL went to the Supreme Court of Liberia for its intervention into the matter but judges in chamber referred DTL back to the Civil Law court and mandated the Civil Law to order GT bank to issue letter of credit to DTL.
According to the documents in possession of this paper, the company has met all the legal requirement to obtain a letter of credit from the management of GT bank to issue same to its supplier, which GT Bank claimed it previously issued but for reason best known to the management of bank, they have refused to issue another letter of credit despite the fact that the court mandated GT Bank to do so.
It can be recalled that following the Judge’s ruling on May 15, 2019, GT-Bank filed an action of Debt against Doramart Trade Limited in the Commercial Court seeking to recover the value of the Letter of Credit they claimed to have sent on behalf of Doramart Trade that led the parties to convene a meeting where it was agreed that Doramart Trade Limited pays $20, 000USD to GT-Bank and makes a new request and submit the name of its new supplier and bank details for GT-Bank to send the LETTER OF CREDIT (LC) which accordingly Doramart did.
Upon receipt of the request, GT-Bank invited DTL to a conference and afterwards wrote DTL that it has Declined to send the LC, and that the parties should revert to the court for GT Bank’s interpretation of the Judge’s ruling.
Because the Judge who gave the ruling was Re-assigned, DTL filed a Writ of Mandamus in the Supreme Court before Justice Nagbe who issue the Writ.
Subsequently, justice Kaba who presided in chambers after the term of justice Nagba entertained an argument and ruled that the Supreme Court could not enforce the lower court’s judgment which was not appealed.
Following the reading of the Supreme Court’s mandate, the civil law court B presided over by his Hon. Scheaplor R. Dumbah issued a court order, ordering GT-Bank to issue the LC to DTL new suppliers within 15 days.