MONROVIA, LIBERIA-The Supreme Court of Liberia has reversed the final ruling of the jury in the case involving the Modern Development and Management Corporation (MDMC) and Oliver Kyne and others of Johnsonville ousted, ejected, and evicted from the subject property and placed in possession of the MDMC.
The Court, in its August 27 ruling, also mandated the Presiding Judge of the Lower Court to resume jurisdiction over the case and give effect to the judgment and ruled against Oliver Kyne and all of Johnsonville.
The instant action of ejectment came on an appeal at the Supreme Court, from a ruling rendered by Judge Ousman Feika during the December 2022 Term of Court, where the contesting parties for a parcel of land traced their respective title instruments to the same grantor, the interstate of John Mack Bettie.
On May 9, 2019, MDMC filed a twelve-count action of ejectment against Oliver and others at the Civil Law Court alleging that it is the legitimate owner of the 16.47 acres of land lying and situated in Mount Barclay, and purchased said property in 2013, from John Mack Bettie for the construction of an Asphalt Plant.
The Court said without any color of right, and in complete disregard of the MDMC property rights, illegally encroached on the premises and has constructed structures, despite several verbal warnings and written notices to have them vacate its premises.
To substantiate these allegations against Oliver and others, the MDMC attached three separate deeds, one containing 1.35 acres, 5 acres, and 10.2 acres, all purchased by MDMC.
However, records showed that on May 20, they jointly filed a 12-count answer to the allegations claiming proof of ownership, saying that the MDMC papers were fraudulent, adding they have superior title deeds.
They argued that the MDMC lacks the standing and legal capacity to institute the action of ejectment because all of the purported title instruments contained fraud and that for these reasons damages will not lie against them as they are the legitimate owners of the disrupted property.
By: Fabine Kwiah/AnthonyVarwen
