By Grace Q. Bryant
The Civil Law Court “B” has ordered the Church of Jesus Christ of Latter Day Saint to pay US$750,000 in damages for wrongful withholding of Joseph V. Gaye’s property.
The defendant (church) entry and occupancy of plaintiff Gaye’s 2.5 acres of land was challenged and demanded to cease all interferences or activities on the subject property but the defendant failed and refused to do so.
According to the narratives, the defendant commenced multiple construction works on the concrete structure containing a church and residential building, therefore on February 19, 2019, the International Law Group wrote a communication addressed to the defendant’s construction project manager for a meeting or to vacate the said property but the request demand was ignored.
On May 20, 2020, plaintiff Gaye filed an action of ejection suit to have the defendant ousted and evicted from its bonafide property as well as sought damages in the amount US$750,000 for wrongful withholding and occupancy of property.
On May 29, 2020 the defendant filed an 11-count resistance and a motion to dismiss plaintiff Gaye’s complaint and therefore raised the issues of standing or capacity to institute the said ejection suit on grounds that the administrator or plaintiff was without authority to do so.
According to Judge Yamie Gbeisay’s ruling yesterday, the defendant failed to state when the disputed property was first purchased and who was the first person that purchased the property and or which is the original grantor of all the land in Liberia?
Judge Gbeisay further stated that in the face of the defendant’s failure to trace its title to the Republic negatively operates in favor of the plaintiff; since the plaintiff has established its ownership of the disputed property by a public land sale deed issued in 1962 which was not challenged in any manner and form.
The court therefore says that since the plaintiff established without challenged that it acquired the property in 1962, the court hold that the plaintiff has a superior deed and therefore ordered the clerk to issue a writ of possession.
“Wherefore and in view of the forgoing, the unanimous verdict of the trial jury should be and same is confirmed and affirmed, the defendant is hereby adjudged liable; the award of US$750,000 in damages for wrongful withholding of the plaintiff property is confirmed,” the court ruled.
