Judge Yamie Quiqui Gbeisay of the Civil Law Court at the Temple of Justice is expected to preside over a US$50,000 lawsuit by one Solomon Joah against Montserrado County District #5 Representative Thomas Fallah for the lawmaker’s wrongful withholding of his (Joah’s) 7.55 lots.
Gbeisay will rule today in Fallah’s first pre-trial motion filed since 2009, about eight years now, to allow the lawmaker to include his newly-discovered evidence in addition to the one he had already produced in support of his alleged ownership of the disputed property.
Today’s ruling, if not opposed by any of the parties, means that Gbeisay would immediately resume jurisdiction that would set the basis for both Joah (plaintiff) and Fallah (defendant) to prove their respective ownership of the disputed property.
Fallah has already constructed his Thomas P. Fallah Institute of Academic and Vocational Education on the disputed land, without any document from the court that he was mandated to do so.
The question remains that, if Judge Gbeisay were to deny Fallah’s request to introduce his new evidence, would he, Gbeisay, evict Fallah’s school, which is one of the conditions raised by Joah’s lawsuit? This is one of the questions that Gbeisay is expected to decide today.
Rep. Fallah through his legal team Kemp and Associates, in July 2009 filed a motion for “Newly Discovered Evidence,” arguing that it would further complement evidence already pleaded in support of his ownership of the property in dispute.
The lawmaker was sued by one Solomon G. Joah, since July 2009, where Joah had accused Fallah of illegally preparing a fake deed to falsely claim his legitimate and lawful 7.55 lots, in the Neezoe Community, Paynesville.
In that lawsuit, Joah asked the court to evict the lawmaker from the property.
Fallah’s new evidence states that when the lawmaker, in 2009, carried out his school construction on the disputed land, he was approached by elders, opinion leaders and senior residents of the Neezoe Community who claimed ownership of the property.
Fallah also claimed that the community produced a letter of administration that convinced him to buy the property. Fallah‘s new evidence did not explain how much he paid for the property.
But, he claimed that to authenticate his repurchase, he and the community executed a Memorandum of Understanding (MOU), where he agreed to award ten scholarships to children, a condition upon which the community sold the property to him.
Before that Fallah alleged that the property was initially acquired by his father, Thomas P. Fallah Sr.’ in 1987. He also did not say if his father was still alive when he repurchased the land for his school.
But, he claimed that his father first purchased the land from one Matthew K. Clark, of which he registered to have the deed probated. Again in 1994, the lawmaker alleged that his father repurchased the property from Varney and Sando Gbessi, who Joah earlier claimed to have sold the property to him.
But at his father’s second time purchase of the property, the lawmaker alleged it was done after a careful review of the letter of administration Gbessi presented to his father.
In counter-argument to the new evidence, Joah’s legal team the Henries’ Law Firm pleaded with the court to dismiss the entire request.
“We vehemently challenge the truthfulness of the facts in the motion because it is calculated with fraud, deception and falsity; therefore, it should be denied,” they said.
The law firm argued that they strongly believed defendant Fallah was trying to technically evade the wrongful act that he has carried out against Joah, for which he is falsely producing evidence to support his destruction and damages done to the property.
The case started in 2009 when Joah accused defendant Fallah that without any justifiable reason he entered his property and subsequently constructed the school to his loss, inconvenience, embarrassment and mental distress.