By Moses M. Tokpah
The newly assigned judge of the 13th Judicial Circuit Court in Kakata City, Margibi County, Golda Elliott, is calling on the Liberia Land Authority (LLA) in the county to ensure that surveyors are nominated on time and that surveys are conducted as expeditiously as possible to avoid potential land conflict.
The Judge delivering her charge at the formal opening of the February Term, A.D. 2025 in Kakata on Monday, said land dispute have the tendency of posing security threat if not handled speedily and equitably.
Judge Elliott said she recognizes the challenges face in disposing land matters especially since the supreme court of Liberia has noted that the conduct of an investigative survey is a necessity in determining whose title instrument conforms to the land subject of the dispute.
She noted that to carry out this process, the Liberia Land Authority has been requested to nominate licensed surveyor to conduct investigative survey and present reports to the court.
According to her, though this process is certainly very important and helpful, it also puts a string on the speedy disposition of land matters if the survey is not done within the period stipulated by the report.
She was quick to say that lawyers and party litigants also have a part to play in the delay in the conduct of survey by their failure to pay survey fees, thus encouraging litigants to fully comply with their obligations in the conduct of a survey or they would be sanctioned by the court for delaying the process.
Judge Elliott further disclosed that during her previous oversight of the court, several measures were put into place for obtaining notices of assignment for hearing of cases for probation of land deeds and other instruments, as well as obtaining letters of administration.
The judge asserted that she intends to continue with this system indicating that she has seen it work efficiently in the past.
She narrated that the processes for the probation of deeds and other legal instruments coupled with the issuance of letters of administration are intended to facilitate curbing the increase in land dispute and the violence sometimes accompanying these matters.
Judge Elliott intoned that the court will ensure that land documents are properly issued and the parties issuing same have the capacity to do so.
She said the process and procedures governing the issuance of letters of administration are also intended to ensure that the administrators of interstate-estate comply with the law and further ensure that lands claim by these estates are consistent with the deed presented by them.
“We encourage all actors to cooperate with the court staff in these matters so that instruments are processed and issued within a timely manner. We call upon the Liberia Land Authority office in the county to work with us in trying to alleviate the problems related to land matters” she expressed.
The Judge indicated that she has observed that many of the civil matters pending on the docket of the court involve real property (land).
Regarding the handling of criminal matters, she said the court is aware of the time frame in which criminal cases are prosecuted based either on the absence of the victim or the absence of the evidence thereby admonishing prosecutors and defenders to have their records prepared on time for speedy disposition of trial.
Judge Elliott continued that she is aware that currently prison facilities are overcrowded with pretrial detainees some of whom have been in jail or incarcerated for over a period of time ranging from two, three to five years.
She maintained that some of them have been indicted without trail while others have been in prison without an indictment thereby calling upon the MOJ to do its best in ensuring that these cases are prosecuted timely otherwise the relevant provision of the criminal procedure law will be enforced.”
Meanwhile, Judge Elliott says her commitment to upholding the rule of law and justice remains paramount.
The judge said she remains fully aware of the public perception of the judiciary and the attitude towards the court and its officers as such, she remains resolute in conducting the affairs of the court during this term of court in the manner consistent with her believe that transparency, fairness and the timely hearing help litigants build confidence in the judicial system.
She warned that this process does not only rest with the court, but with lawyers especially in the manner and form with which clients’ matters are handled.
She said too often lawyers place a blame on the court and give the impression that the clients’ cases are not been heard because the judge does not want to issue an assignment.
Judge Elliott then encouraged lawyers to take their clients’ matters seriously and handle same in a timely and efficient manner.