An order from the Civil Law Court instructing the Ministry of Finance (MOF) to turn over three vehicles in its possession has been ignored by the Ministry.
The Court’s order dated June 11, a copy of which is in the possession of the Daily Observer, instructed the Ministry to deliver the vehicles; VIN#5TFUYSF11AX146505, VIN#KN8NU73C67U01510 and VIN#2FNDK3JCABA20110 to the Sheriff of the Court in keeping with the law, and to appear on Monday, June 16, at 10 a.m.
Unfortunately, the Ministry did not appear before Judge Emery Paye on Monday, neither did it turn over the vehicles.
The order partly read, “Respondents or defendants, MOF are hereby ordered to deliver the chattels, the subject of these proceedings to the sheriff of the Honorable Court as in keeping with the law.”
It further reads,” The Sheriffs are commanded to summon the defendants to appear before the Court on the June 16, 2014, at the precise hour of 10 a.m. to answer to the complaint of Mr. George Slangar, a used car importer.”
In their complaint to the Court, the lawyer representing Slangar alleged that they are owners of three vehicles (VIN#5TFUYSF11AX146505, VIN#KN8NU73C67U01510 and VIN#2FNDK3JCABA20110) imported from the United States of America (USA).
They alleged that they have paid all government taxes as required by law, and have the right to take delivery of said vehicles from the Free Port of Monrovia.
Unfortunately, the vehicles are presently at the Port under the custody of the Liberia National Police (LNP) in keeping with the Ministry of Finance’s communication dated January 17, 2014.
They also alleged that consistent with the law, they have filed “Replevin bond” in the amount of US$150,000 to cover the defendants in consonance with the stature.
A Replevin bond is a bond given by a plaintiff in a replevin law suit in order to attach property that is in the defendant’s possession prior to the rendering of judgment.
This bond is used to cover losses to the defendant, if the plaintiff loses the case.
It protects the attaching officer and ensures the safekeeping of the property until the court determines if the property should be given back to the defendant or not.
The lawyer, however, prayed the court to order the defendants to have the vehicles delivered to the Sheriff of the court in keeping with law, and to grant unto them all further relief that the court deemed legal and equitable.