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above represent the 1st complainants, including "all Representative
Candidates of Liberty Party".
5. Further to count four (4) herein above, movant says and submits,
assuming without admitting, that "all Representative Candidates of
Liberty Party" were wrongly joined or misjoined, they remain parties
until they are dropped by motion of any party or on the initiative of
the Court. Civil Procedure Law, 1 LCL Rev., tit. 1, section 5.56 (1973).
6. Further to count five (5) herein above, movant says from the
inception of these proceedings, beginning with the complaint, up to
the announcement of appeal from the final ruling/judgment of the
Board of Commissioners to this Honorable Court, Co-complainants:
"all Representative Candidates of Liberty Party" have always been
parties; and, therefore, announced an appeal to this Honorable Court
by and thru their counsel.
7. Further to count six (6) herein above, movant says Section 6.8 of the
New Elections Law of 1986 requires contestants to "enter into
recognizance for payment of costs incurred on the appeal in the
following amounts: "(a) with respect to the election of a President or
Vice President, the Liberian dollar equivalent of five thousand United
States Dollars (US$5,000.00)" and "(c) with respect to the election of
a member of the House of Representatives, the Liberian dollar
equivalent of Two Thousand United States dollars (US$2,000.00)".
8. Further to count seven (7) herein above, Movant says that there are
sixty-seven (67) Representative Candidates of Liberty Party,
amounting to US$134,000 (United States Dollars One Hundred ThirtyFour Thousand); notwithstanding, only United States Dollars Five
Thousand (US$5,000.00) has been paid by 1st complainants as cost
with respect to the appeal by Charles Walker Brumskine and Harrison
S. Karnwea, Presidential and Vice Presidential Candidates at the
October 2017 Elections.
9. Further to count eight (8) herein above, movant says no amount has
been paid for "all Representative Candidates of Liberty Party". Like an
appeal bond, the amount paid is grossly inadequate to cover the
appeal; thus the entire recognizance, as to 1st appellants, is a fit and
proper subject for dismissal.
WHEREFORE, and in view of the foregoing, movant prays Your Honors
and this Honorable Court to dismiss and deny complainants' appeal;
and grant unto Defendant/Movant/Appellee any other and further
relief as Your Honors may deem just, legal and equitable in the
premises.
Respectfully submitted,
The National Elections Commission
MOVANT/DEFENDANT/APPELLEE
The first appellants, having been served copy of the motion to dismiss and
cognizant that the jurisdiction of the Supreme Court over the appeal taken by said