The Supreme Court has ordered the eviction of more than 100 illegal families, who have constructed 70 homes on the property of the ABC Children’s Aid Liberia-Ministry (appellee) along the Robertsfield Highway.
The property is situated on 72.76 acres of land that the ABC Children’s Aid-Liberia purchased in 2012 from the administrators of Gbangbar’s Town, namely: James Brown, Plakay Garway, Reverend Payne and seven other family members (appellant/intervenor) and residents of the town.
The Gbangbar’s Town is along the Robertsfield Highway.
The High Court’s order, dated August 12, 2019 and delivered in written from the same day, was in response to a 2014 judgment of the Civil Law Court ‘A’ at the Temple of Justice, which the defendant appealed to the court against the illegal seizure and sale of his property.
In their unanimous judgment, the court explained that the defendants, who were originally sued, failed and neglected to interpose affirmative defense.
Therefore, the court ruled that “the trial judge was not in error when the court ruled the defendants to bare denial that the appellant/intervenor Emmanuel Togar neither had interest that was substantial, and direct nor capacity to represent the Intestate Estate of Barjuay.”
The court also ruled that the appellant/intervenor suffered waiver and latches by virtue of the fact that the Intestate Estate of Barjuay failed, and neglected to seek timely injunctive relief against the appellee (ABC Children’s Aid Liberia.)
“The evidence adduced during the trial was sufficient to support the verdict returned by the trial jury,” the court further ruled, adding, “The trial judge was justified when he affirmed the said verdict.”
The ruling continues, “The judgment of the trial judge is hereby affirmed and the clerk of this court is hereby ordered to send a mandate to the court below ordering the Judge presiding therein to resume jurisdiction over this case and give effect to the judgment of this court.”
The lawsuit arose in 2012 when the ACB Children’s Aid-Liberia purchased 72.76 acres of land from the administrators of Gbangbar’s Town.
The payment for said property was done in the presence of members of the town, after which the administrative letter or Decree of Sale and the Mother Deed were given to ABC Children’s Aid-Liberia.
The suit continues that after the transaction, youth of the town, headed by one Emmanuel Togar, began to sell the land illegally.
They took the action when a conflict erupted between Children’s Aid Liberia Ministry and its affiliate organization, Children’s Aid International, based in Iceland and Faroe Islands in Europe in 2012.
During the contention, ABC Children’s Aid International accused the Founder and Executive Director of Children Aid Liberia Ministry of stealing US$1 million as development fund. While the case was before the court, Togar and his followers chose to sell the property.
Shortly after Children’s Aid International lost the case at the Criminal Court ‘C’ at the Temple of Justice; it was when Reverend Matthew Sakueh, in 2014, filed the civil suit against his land owners.