MONROVIA-Mutual Benefits Assurance Company (MBAC) has been exposed by its inability to seek complete settlement of US$11m owed Bea Mountain Mining Company.
At one time, BMAC is requesting for discussions that will lead to a comprehensive settlement of said amount, while it is running to court to file a writ of prohibition; a document to stop them paying said amount.
Recently, the Commercial Court enforced the final judgement from the high court in which MBAC is to pay an amount of US$ US$11.226,573.85 to BMMC.
A letter seen by this paper from MBAC politely requested BMMC for continued discussions, which would eventually lead to settlement.
Part of the letter dated July 12, 2025, signed by Cllr. Aloysius Teah Jappah Legal Counsel Mutual Benefits Assurance Company said; “I write on behalf of Mutual Benefits Assurance Company to confirm our continued commitment to an amicable resolution of the matters presently in dispute between our institutions.”
It continued: “In line with public policy favoring negotiated settlements, Mutual has authorized its designated Board members and senior management to join legal counsel in the next phase of discussions.”
“The letter further said: “We believe this step reflects the seriousness with which we approach this matter and our desire for a principled and constructive outcome.”
The Writ of Execution was signed by his Honor, Judge Chan-Chan A. Paegar.
The action is the result from a commercial lawsuit filed by BMMC, represented by General Manager Hall Ozdemir, over MBAC’s alleged failure to meet financial obligations arising from a contractual relationship between both companies.
Bea Mountain Mining Corporation (“BMMC”), instituted an action of debt against Mutual Benefits Assurance Company (“MBAC”), to enforce payment based on contractual obligations as contained in four (4) bond instruments issued by MBAC in favor of BMMC.
On April 27, 2022, the Commercial Court entered judgment in an amount of US$9,847,604.28 which the court determined MBIC was duly entitled as a matter of law. The Informant then excepted to the final ruling of the lower court, and announced an appeal to the Honorable Supreme Court sitting in its October Term, A.D. 2022.
On May 18, 2022, the Informant filed its Bill of Exceptions, which was approved; that necessitated the issuance of the Court’s Bill of Cost, taxed by the Informant and an opening of an escrow account designated by the said Court for Informant to proceed and deposit the judgment sum therein as provided by law. Thus, the lower court remains without jurisdiction except for limited purposes of perfecting the appeal announced and fulfilment of other statutory requirements in respect of enforcement in keeping with the Act Establishing the Commercial Court.
Following the establishment of the escrow account by the Commercial Court at Guaranty Trust Bank for the judgment amount to be deposited therein as a statutory requirement, pending final determination of the matter on appeal; On May 28, 2022, the Bank notified the court of the opening of an account, Bea Mountain v. Mutual Benefit Assurance Company which account details the lower extended to the Informant and mandated it to deposit the said judgment amount.
Surprisingly, the Informant without notice to Respondents, abandoned its appeal and fled to this Honorable Court on a petition for a writ of prohibition, before the Chambers Justice, former Associate Justice and current Chief Justice Sie-A-Nyene G. Yuoh, issued the Alternative Writ of Prohibition, which writ Justice Yuoh later quashed after argument, from whence the Informant excepted and announced and appeal to the full bench of the Court.
Following argument, on the 25th day of January, A. D. 2023, the Honorable Supreme Court, in its opinion delivered by Justice Nagbe, while disposing of the appeal growing out of the Chambers Justice’s ruling on petition for a writ of prohibition filed by the Informant, held that “the [Informant] having announced an appeal to the Honorable Supreme Court, filed its approved bill of exceptions within the time allowed by the appeal statute, and thereby ousting the trial court of jurisdiction and subsequently taxed the bill of costs emanating therefrom, the appellant cannot abort the appeal process and substitute it with an application for a writ of prohibition.” See Mutual Benefits Assurance Company v. Her Honor Eva Mappy Morgan et al, decided by the full bench on January 25, 2023.
The Supreme Court also held that “all appeals growing out of judgments (awards) emanating from the Commercial Court, whether by arbitration or through regular trial, are governed by Article IV of the Act which created the Commercial Court of Liberia; hence, the [Informant] should proceed to perfect its appeal nunc pro tunc.”
The Clerk of the Honorable Supreme Court was ordered to send a mandate to the Commercial Court to resume jurisdiction and give effect to the said judgment. The Commercial Court, following the reading of this Honorable Court’s mandate and resumption of jurisdiction, notified the parties of the escrow account opened at Guaranty Trust Bank, and mandated the informant to proceed at said bank to deposit the judgment amount therein; which mandate the Informant has failed to honor; instead Informant filed this Bill of Information contrary to this Honorable Court’s judgment of January 25, 2023, which mandated the Informant to proceed to Commercial Court of Liberia and “perfect its appeal nunc pro tunc.”( It refers to a court order that is made effective as of a past date, rather than the date the order is actually issued.)
Appellee argued that the Informant the Bill of Information was filed in bad faith to delay and buffered the placement of the judgment sum in the escrow account, which account is an interest bearing account; that may expose the court to public disrepute, because Informant failed to state any ground that the lower court may have gone contrary thereto as contained in this Honorable Court’s judgment of January 25, 2023, the bill of Information seeks to subjugate the full bench judgment which put finality to the matter to the “then” Justice Yuoh’s Chamber ruling of 2015, after Chief Justice Yuoh herself has delved into the issue and quashed the said writ, from whence Informant excepted thereto and announced an appeal before the full bench.
Further, it is worth noting that during the pendency of Informant completion of appeal process as mandated, the Informant filed another prohibition before the Chambers Justice presiding, Justice Gbeisay, in which he essentially raised the same issues and or points that the Supreme Court has addressed or considered in its Opinion of January 25, 2023, which is intended to obstruct the enforcement of this Honorable Court’s mandate.
This is not the first attempt to execute a judgment against MBAC. In April 2023,(as seen above) the company resisted enforcement of a similar writ issued by Judge Eva Mappy Morgan. During that incident, MBAC allegedly locked its premises and denied entry to court officers, which led to the execution of the court’s order.
Alphonso Toweh
Has been in the profession for over twenty years. He has worked for many international media outlets including: West Africa Magazine, Africa Week Magazine, African Observer and did occasional reporting for CNN, BBC World Service, Sunday Times, NPR, Radio Deutchewells, Radio Netherlands. He is the current correspondent for Reuters
He holds first MA with honors in International Relations and a candidate for second master in International Peace studies and Conflict Resolution from the University of Liberia.
