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REPUBLIC OF LIBERIA) IN THE CIVIL LAW COURT, SIXTH JUDICIAL

MONSTERRADO COUNTY ) CIRCUIT, MONSTERADDO COUNTY, SITTING IN ITS


SEPTEMBER TERM, A.D., 2020.

BEFORE HIS HONOUR: YUSSIF D. KABA ........RESIDENT CIRCUIT JUDGE

Johnson & Sons General Trading of the


County of Montserrado, City of Monrovia
Represented by its General Manager,
Big-Boy Johnson, also of the City of
Monrovia..PLAINTIFF
ACTION FOR DAMAGES TO
VERSUS RECOVER LOSS OF PROPERTY
AND EXPECTED BUSINESS
INCOME
Timbu Cash Crops, Inc., of the County
Of Montserrado, City of Monrovia,
Represented by its Authorized
Representatives, and Captain Desmond
Togar, of the County of Montserrado,
City of Monrovia.............DEFENDANTS

DEFENDANTS ANSWER

And now come defendants in the above-entitled cause of action


praying Your Honor and this Honorable Court to deny and dismiss
Plaintiffs Complaint for the following factual and legal reasons
to wit:

1. That as to Counts 1, 2, and 3 of Plaintiffs Complaint


defendants say they are without knowledge to form a belief as
to the truth of the averments.

2. As to Count 4 of Plaintiffs Complaint, defendant says that


it is a legal business entity duly organized and incorporated
under the laws of the Republic of Liberia as shown in the
attached exhibit (E/D1).

3. That as to Count 5, of Plaintiff Complaint, the Defendants


say it presents a non-traversable issue.

4. That as to Counts 6 and 7 of Plaintiffs Complaint,


defendants aver and say that they are not state security
neither do they have police power to arrest and investigate
complaint or crime committed against their company.

5. Further traversing Count 6, defendants say as a result of a


complaint made to the police by co-defendants company, it
was the police who in collaboration with the company security
who made an arrest of the produce which claim was from our
plantation and not by the company as asserted by the
plaintiff. That it was the police that demanded the convoy
returned to Gbarpolu as the cocoa and coffee on board is the
subject of investigation.

6. That as to Count 8 of Plaintiffs Complaint, defendant say


co-defendant did not and will never be in the drive of using
police power, rather it was the police who arrested and used
the company facility for investigation.
7. Further to Count 8, co-defendant has at no time arrested any
truck or conveyed belonging to the plaintiff neither did the
co-defendant have any engagement with plaintiff regarding the
return of a truck or the conveyance of belonging.

8. Further traversing Count 8 of Plaintiffs Complaint,


defendants say plaintiff seems to be mistaking the police
officer that affected the arrest for Captain Desmond Johnson
who has no authority to act on behalf of the plantation
outside its areas.

9. That as to Count 9 of Plaintiffs Complaint, defendants deny


that it has ever made promises to release plaintiffs produce
as such is not in the custody of defendant but with the
police and defendants are without authority to intrude upon
an ongoing police investigation.

10. That as to Count 10 of Plaintiffs Complaint, defendants


say that co-defendant Johnson never uttered brutal,
humiliating or defamatory statements against the reputation
of Mr. Big-boy Johnson, but even if pleaded affirmatively,
plaintiff is barred by statute (CPL 2.11(4)) from asserting
such claim against defendants.

11. That as to Counts 11, 12, 13, 14 and 15 defendants


denies and dismiss that plaintiff has any such claim against
defendants.

WHEREFORE AND IN VIEW OF THE FOREGOING, defendant prays Your Honor


and this Honorable Court to ignore, deny and dismiss the said
Complaint, and rule out all other costs of this proceeding against
plaintiff and also grant unto the defendants such other further
relief as Your Honor may deem just, legal, and equitable.

Respectfully submitted:
DEFENDANTS
BY AND THRU THEIR LEGAL COUNSEL
_____________________________

ATTORNEY-AT-LAW

Dated this 29th day of June, A.D. 2020

$5.00 Revenue Stamp affixed on the Original.


REPUBLIC OF LIBERIA) IN THE CIVIL LAW COURT, SIXTH JUDICIAL
MONSTERRADO COUNTY ) CIRCUIT, MONSTERADDO COUNTY, SITTING IN ITS
SEPTEMBER TERM, A.D., 2020.

BEFORE HIS HONOUR: YUSSIF D. KABA ........RESIDENT CIRCUIT JUDGE

Johnson & Sons General Trading of the


County of Montserrado, City of Monrovia
Represented by its General Manager,
Big-Boy Johnson, also of the City of
Monrovia..PLAINTIFF
ACTION FOR DAMAGES TO
VERSUS RECOVER LOSS OF PROPERTY
AND EXPECTED BUSINESS
INCOME
Timbu Cash Crops, Inc., of the County
Of Montserrado, City of Monrovia,
Represented by its Authorized
Representatives, and Captain Desmond
Togar, of the County of Montserrado,
City of Monrovia.............DEFENDANTS

DEFENDANTS AFFIDAVIT

PERSONALLY appeared before me at my Office in the City of


Monrovia, Windor Dorko Tarplah, Attorney-at-Law, in the above
entitled cause of action, and made Oath according to Law that all
and singular the allegations of law and facts as are set forth and
contained in the annexed and foregoing Defendants Answer are true
to the best of her knowledge and belief; and as to those matters
of information received, she verily believes them to be true.

SWORN AND SUBSCRIBED to before


me this ____day of June, A.D.,
2020

____________________________
JUSTICE OF THE PEACE, MO. CO.

__________________________
Windor Dorko Tarplah
ATTORNEY-AT-LAW

$5.00 Revenue Stamp affixed on the Original.


REPUBLIC OF LIBERIA) IN THE CIVIL LAW COURT, SIXTH JUDICIAL
MONSTERRADO COUNTY ) CIRCUIT, MONSTERADDO COUNTY, SITTING IN ITS
SEPTEMBER TERM, A.D., 2020.

BEFORE HIS HONOUR: YUSSIF D. KABA ........RESIDENT CIRCUIT JUDGE

Timbu Cash Crops, Inc., of the County


Of Montserrado, City of Monrovia,
Represented by its Authorized
Representatives, and Captain Desmond
Togar, of the County of
Montserrado,..MOVANTS

VERSUS MOTION TO DISMISS

Johnson & Sons General Trading of the


County of Montserrado, City of Monrovia
Represented by its General Manager,
Big-Boy Johnson, also of the City of
Monrovia..RESPONDANT

GROWING OUT OF THE CASE

Johnson & Sons General Trading of the


County of Montserrado, City of Monrovia
Represented by its General Manager,
Big-Boy Johnson, also of the City of
Monrovia..PLAINTIFF
ACTION FOR DAMAGES TO
VERSUS RECOVER LOSS OF PROPERTY
AND EXPECTED BUSINESS
INCOME
Timbu Cash Crops, Inc., of the County
Of Montserrado, City of Monrovia,
Represented by its Authorized
Representatives, and Captain Desmond
Togar, of the County of Montserrado,
City of Monrovia.............DEFENDANTS

MOVANTS MOTION

Movants in the above-entitled cause of action, most respectfully


requests Your Honor and this Honorable Court to deny and dismiss
the Complaint filed by the Respondent for the following legal and
factual reasons to wit:

1. Movants submit that our civil Procedure Law provides that at


the time of service of his responsive pleading, a party may
move for judgment dismissing one or more claims for relief
asserted against him in a Complaint or counterclaim on any of
the following grounds:
(e) that the party asserting the claim has not legal capacity
to sue.

2. Movants say that the Respondent instituted a Complaint for an


Action of Damages to Recover loss of Property and Expected
Business Income in which it asserted events which even though
Movants deny are applicable to them but which occurred some
three years ago.

3. Further to Count 2 above, movants say that Respondent has not


legal capacity to sue based on the statute of limitations of
our Civil Procedure Law at 2.11 (4) which states that a claim
based on injuries to the reputation should be brought within
one year of the time the right to relief accrues.

4. Still further to Count 2, movants say that Respondent has not


legal capacity to sue based on the statute of limitations of
our Civil Procedure Law at 2.16 (2) which states that a claim
based on action of damages to recover chattel should be
brought within three years of the time the right to relief
accrues.

5. Movants assert without admitting that even if pleaded


affirmatively, Respondent is barred from asserting a right
against Movants because Respondent sat on its rights and is
now barred by statute; therefore, the complaint is
dismissible and should be dismissed consistent with sections
2.11(4), 2.16 (2) (statute of limitations) and 11.2 of the
Civil Procedure Law which provides that an action is
dismissible for lack of capacity to sue.

WHEREFORE AND IN VIEW OF THE FOREGOING, movants pray Your Honor


and this Honorable Court to:

A. Grant movants motion and deny and dismiss the


Plaintiffs Complaint;

B. Rule the costs of these proceedings against Respondents;

C. Grant unto movants any and all other relief this Court
may deem just and equitable.

Respectfully submitted:
DEFENDANTS
BY AND THRU THEIR LEGAL COUNSEL
_____________________________
Windor Dorko Tarplah
ATTORNEY-AT-LAW

Dated this 29th day of June, A.D. 2020

$5.00 Revenue Stamp affixed on the Original.


REPUBLIC OF LIBERIA) IN THE CIVIL LAW COURT, SIXTH JUDICIAL
MONSTERRADO COUNTY ) CIRCUIT, MONSTERADDO COUNTY, SITTING IN ITS
SEPTEMBER TERM, A.D., 2020.

BEFORE HIS HONOUR: YUSSIF D. KABA ........RESIDENT CIRCUIT JUDGE

Timbu Cash Crops, Inc., of the County


Of Montserrado, City of Monrovia,
Represented by its Authorized
Representatives, and Captain Desmond
Togar, of the County of
Montserrado,..MOVANTS

VERSUS MOTION TO DISMISS

Johnson & Sons General Trading of the


County of Montserrado, City of Monrovia
Represented by its General Manager,
Big-Boy Johnson, also of the City of
Monrovia..RESPONDANT

GROWING OUT OF THE CASE

Johnson & Sons General Trading of the


County of Montserrado, City of Monrovia
Represented by its General Manager,
Big-Boy Johnson, also of the City of
Monrovia..PLAINTIFF
ACTION FOR DAMAGES TO
VERSUS RECOVER LOSS OF PROPERTY
AND EXPECTED BUSINESS
INCOME
Timbu Cash Crops, Inc., of the County
Of Montserrado, City of Monrovia,
Represented by its Authorized
Representatives, and Captain Desmond
Togar, of the County of Montserrado,
City of Monrovia.............DEFENDANTS

MOVANTS AFFIDAVIT

PERSONALLY appeared before me at my Office in the City of


Monrovia, Windor Dorko Tarplah, Attorney-at-Law, in the above
entitled motion to dismiss, and made Oath according to Law that
all and singular the allegations of law and facts as are set forth
and contained in the annexed and foregoing motion to dismiss are
true to the best of her knowledge and belief; and as to those
matters of information received, she verily believes them to be
true.
SWORN AND SUBSCRIBED to before
me this ____day of June, A.D.,
2020

____________________________
JUSTICE OF THE PEACE, MO. CO.
________________________
Windor Dorko Tarplah
ATTORNEY-AT-LAW

$5.00 Revenue Stamp affixed on the Original.