MONROVIA, October17 (LINA) -The Commercial Court at the Temple of Justice in Monrovia has accepted a petition for Judicial Review of the US$8 million case Amos Brosius versus MOTC which was presided over by Judge Eva Mappy Morgan.

The court said it granted the petition for judicial review because the petitioners argued that presiding Judge Morgan erred by hearing the matter alone, when the amount of the claim isUS$8 million, which is above the threshold of US$1 million requirement for three-judge-panel to sit on as contained in the Act creating the Commercial Court.

The court further said the petitioner also relied on the Statute of Fraud of the Commercial Code 2010 by contending that “any agreement or transaction in which the value is US$2,000.00 or more is unenforceable unless evidenced in writing and signed or acknowledged by the person against whom the enforcement is sought”.

The Court then indicated that after a careful review of the facts in the case, the panel is of the opinion that Chief Judge Morgan did not commit to a reversible error in denying the petitioner’s motion for newly-discovered evidence and therefore, upholds the decision.

The court’s ruling also explained that since the quantity of the petroleum products allegedly supplied the Petitioner exceeds the threshold of US$1 million, the Panel believes that the petition for proper accounting is cognizable before the three-judge-panel as it is consistent with Article V(2) of the Act that created the Commercial Court of 2010.

”It is the considered opinion of panel that the petition for Justice Review be, and at the same is hereby granted in part and the full panel shall proceed with the proceedings from this stage onward,” the court asserted.
LINA RS/PSN/TSS/PTK