By Grace Q. Bryant
The Justice-in-Chamber, Yamie Gbeisay, has placed a stay order on Judge Kennedy Peabody’s Civil Law Court ruling ordering the Unity Party to pay the amount of US$200,000 as rent on July 3, 2023. Hiccup
The Justice-in-Chamber’s decision was based on a petition for the Writ of Prohibition filed by the lawyers representing Unity Party against Judge Peabody and the Worjoloh McClain Enterprise before the Supreme Court.
Based on the Writ of Prohibition, the high court ordered, “You are hereby cited to a conference with his Honor, Yamie Gbeisay, on Monday, July 10, 2023 at the hour of 10:00A.M.”
Associate Justice Gbeisay added, “You are ordered to stay all further proceedings and/or actions pending the outcome of the conference.”
On February 23, 2021, McClain filed a summary proceeding against the Unity Party’s Chairperson and all those in authority to recover possession of his real property.
On November 23, 2021, the court held the Unity Party liable and ordered the sheriff to evict the UP and as well ordered to pay the arrears of US$180,000 with an additional US$200, 000 for wrongfully withholding the property.
The McClains were then placed in possession of the said property and the keys were then turned over to them while they requested a Writ of Execution for the payment of US$200,000.
However, on June 14, 2022, the Unity Party filed a response for a payment stipulation and the petition was heard by Judge Nancy Finda Sammy, who ordered the Unity Party to pay 25% of the said amount within a week as of August 16, 2022 but the Unity Party failed to comply with said mandate.
A second ruling was rendered on October 19, 2022, by Judge Sammy mandating the UP to pay a sum of US$100,375 representing half of the total arrears owed to McClain before October 31, 2022 while the remaining amount would have been paid on December 15, 2022, or else a writ of execution would be issued.
Once again, the Unity Party failed to honor the court’s mandate and as a result, McClain filed a Bill of Information on May 3, informing the court about the Unity Party’s refusal to comply thereby prompting the May 19, ruling that stated that all UP officials would be held in contempt if the party failed to pay.
However, on June 8, the Unity Party applied a payment stipulation informing the court that they had paid US$50,000, which represented 25% of the total amount, contrary to the judge’s mandate and they requested to pay the balance in four equal installments.
The court noted that since its November 23, 2022 judgment and the filing of the Bill of Information, there had been no evidence of the UP making efforts to pay the required 50% by October 31, 2022, therefore, the court concluded that it would be left with no alternative but to enforce the November 23, 2021, judgment.
In his ruling, Judge Peabody emphasized that the court had previously ordered the Unity Party to pay the full judgment by June 10 and that failure to do so would result in the party being held in contempt.
Judge Peabody stated that the ruling of May 16, 2023 is still in effect due to the UP’s repeated failure to meet its stipulations and consequently, the court denies the UP’s stipulated request and overruled it.
“The respondent Unity Party is hereby given up to and including the 3rd of July 2023, the same day being Monday, to satisfy the full judgment amount. Failure to comply with this ruling, the sheriff of the court is ordered to arrest the living bodies of the standard bearer of the Unity Party, the chairman of the Unity Party, and the Secretary General of the Unity Party,… without notice to them and brought forth before this court and show assets of respondent Unity Party to be auctioned by this court to satisfy the judgment amount or they would be incarcerated at the Monrovia Central Prison pending the satisfaction of said judgment,” Judge Peabody ruled.
According to Judge Peabody, failure to comply with the court ruling, the sheriff of the court will be ordered to arrest the living bodies of United Party Standard Bearer Joseph N. Boakai, along with his officials, including the Party’s Chairperson, Co-Chair, Secretary General, Legal Counsel, and Chairpersons on the Steering Committees.
