By Edwin G. Wandah
The Supreme Court of Liberia has denied action of ejection in the interstate estate case of late Alhaji Massaquoi by and thru its Administrator Philip T. Massaquoi of the City of Monrovia.
Appellant of the Interestate Estate of the late Alhaji Massaquoi took an appeal to the Supreme Court after the case was decided in favor of the AME Church for an ejection, but during the final ruling at the Supreme Court, the case was then immediately denied, with the Supreme Court upholding the lower Court’s ruling in the matter.
However, Justice Sie-A-NyeneYuoh on February 25, 2009 said, late Alhaji Massaquoi commenced an action of ejectment against the church because he had the original deed. The Civil Law Court ordered an investigative survey to be done on the property since the incident was before the court and two different deeds were presented to the court on the same property.
She further said that the survey was conducted in September 16, 2011 which findings of that survey revealed that the parcel of land in question coincided with the deed of the AME Church. Also, in a 6 count observation, the survey reported that it was the warranty deed of Walker and Walker to the church which is authentic.
According to Justice Yuoh, Defendant filed a 3-count objection to the survey praying the court to place aside the report, which the court filed their response requesting the Civil Law Court to grant the report from the Ministry of Lands, Mines and Energy.
In her opinion, Justice Yuoh further said that Lower Court Judge Peter Gbeneweleh denied plaintiff’s motion to dismiss the report thereby granting the defendants’ response and even ordered a writ of possession to be placed in the hands of the Defendants, something he said, plaintiff failed to file his bill of exception, adding that during the ruling in the lower court, the legal counsel of the plaintiff did not appear and an appointed counsel was named to accept his ruling as provided by law.
She further intimated that the predecessor of Judge Peter Gbeneweleh, the late Judge Emmanuel Kollie and Judge Yusif D. Kaba were in error to grant the bill of exception from the plaintiff counsel. She added that the appointed counsel in the case cannot be blamed for Cllr. Gbaintor negligence. ‘Ruling in the favor of the plaintiff is reversed and must not be considered as a ruling from the judiciary’.
She also warned that judges of the lower courts should avoid arbitrary conclusion in cases and they should contribute to the usefulness of the judiciary. Saying, Judge Yusif D. Kaba granting of five days to the plaintiff is also a reversible error of no legal nullity.
Also adding that the plaintiff failed to file its bill of exception as in keeping with laws and in a statutory period as provided by the judicial rules.
Cllr. William Gbaintor of the Gbaintor and Associates were cautioned against acts that will demean the crediblilty of the judicial system but to comply with the code of lawyers as if the incident is once again repeated, he stand the risk of being disbanded from the legal practice.