…For Damages in US$750,000 for Criminal Conveyor of Land
IPNEWS: The Civil Law Court at the Temple of Justice has adjudged the Latter-Day Saints Church liable for criminal conveyor of land located on the Old Road adjacent to the SOS Clinic and ordered the church to pay to the property owner an award of US$750,000 dollars damages for wrongful withholding of their property.
Judge Yarmie Quiqui Gbeisay of the Civil Law Court making his judgment on Tuesday, September 13, 2022, also mandated the clerk of court to issue a Writ of Possession and have the same place in the hand of the sheriff to evict the defendant and turn the property over to the plaintiff.
“Where and in view of the foregoing, 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 dollars damages for wrongful withholding of the plaintiff property is hereby confirmed and upheld,” stated Judge Yarmie Quiqui Gbeisay.
The property in question is a 2.5 acre of land belonging to the Intestate Estate of one Joseph V. Gaye, now a deceased.
Judge Gbeisay said the single determination of the case was whether or not the plaintiff prove that he has superior title to the disputed property.
He noted that in a property contest of ejectment, which presuppose that there exist title deeds on both sides, the duty imposed on the court is to determine which party has a superior and clean deed. In the instant case, it is very simple for the court to determine.
The Judge recollected that the plaintiff herein, the intestate estate of the late Joseph N. Gaye filed an action of ejectment against the church of Jesus Christ of Latter Day Saint alleging that the church is occupying its property and has refused to vacate.
According to him, the plaintiff attached a certified copy of a public land sale deed dated October 29, 1962 and signed by the then President Williams V. S. Tubman for 2.5 acres of land lying and situated on Old Road adjacent the SOS Clinic.
Judge Gbeisay averred that the plaintiff also exhibited a certificate of authentication of the certified copy from the National Achieved and other supporting documents such as letter of administration from the Monthly and Probate Court of Montserrado.
He stated that at the trial, plaintiff and witnesses testified to its title apparently to the satisfaction of the trial jury for which there was no challenge.
Judge Gbeisay said the defendant also testified to its chain of titles but however, the church failed to state when the disputed property was first purchased from the Republic of Liberia and who was the person that first purchased the property from Liberia, which is the original grantor of all the land in the country.
The Judge: “In the face of the defendant failure to trace its title to the Republic, negatively operate 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.”
“Under the doctrine of superior title, when two grantees have the same grantor, the first buyer prevails. The court therefore says that since the plaintiff established its ownership of the disputed property by a public land sale deed issued in 1962, the court hold that the plaintiff has a superior deed,” He maintained. Writes P. Nas Mulbah
