For ‘illegally’ constructing on 7.55 lots of land
A lawsuit seeking the eviction of the Thomas P. Fallah Institute of Academic and Vocational Education in Neezoe Community, Paynesville, has been filed by one Solomon Joah before the Civil Law Court at the Temple of Justice in Monrovia.
The school is owned by Montserrado County District 5 Representative Thomas P. Fallah.
The contested property is situated on 7.55 lots, for which Solomon Joah alleged that defendant Fallah illegally prepared a fake deed to falsely claim his legitimate and lawful property. He now seeks the court’s intervention to have the representative pay an amount of US$50,000 for wrongful withholding of his property.
“Defendant Fallah without any justification or authority entered the property and constructed his school to the distress, loss, inconvenience, embarrassment and mental distress of the plaintiff,” the lawsuit noted.
In Joah’s complaint, filed by his legal team (from the Henries’ Law Firm), he claimed that the administrator’s deed, which the lawmaker has relied on was fraudulent, “because the defendant had never lived on or occupied any portion of the property until the lawmaker claimed that the Neezoe people, who have no legal right or title, gave him the property to erect the school.”
The lawsuit also said Joah purchased the land from Sando Gbessie and Varney Gbessie, who were the administrators of the Intestate Estate of the late Boymah Zulu and George Carey.
The lawsuit did not give the specific date of the purchase of the property but claimed that upon the payment of the full purchase price for the contested parcel of land, Gbessie executed an administrator’s deed in his name, and he later, in keeping with law, probated the deed.
Joah also claimed that he took the said probated deed to the National Archives where it was registered, notifying everybody, including defendant Fallah, that he was the legitimate owner of the property.
The lawsuit further alleged that Joah acquired the said property with the sole intention of erecting another Soltiamon Christian School System within that vicinity.
It was based on the lawsuit that the defendant Rep. Fallah allegedly produced a fake deed, claiming that he purchased the property from the Intestate Estate of the late Joe Clark.
“Clark has never owned or occupied any property in the said area, and the legitimate owners of the property, subject to the litigation, is the Intestate Estate of Boymah Zulu and George Carey, which has been administered by Gbessie,” Joah’s lawsuit alleged.
In counter-arguments, defendant Fallah’s legal team from the Kemp and Associates law firm said that the disputed property was first acquired by the father of Thomas P. Fallah, also known as Thomas P. Fallah, Sr., in 1987.
The lawyers also said that Mr. Fallah bought the land at the time from one Matthew K. Clark; thereafter, Clark issued him an administrator’s deed, which he duly registered, probated and recorded in Volume 513-87, Page 281-283 of the deed registry at the archives center.
The lawmaker claimed further that sometime in 1994, Varney and Sando Gbessie, who Joah claimed sold the property to him, disputed Fallah Sr.’s purchase of the property. Gbessie argued that they were the actual owners of the land by presenting to Fallah Sr. a copy of their letters of administration, thus declaring that the previous purchase made by Fallah Sr. in 1987 was null and void.
Being interested in acquiring the parcel of land, the lawmaker claimed that his father requested to see the letter of administration from Gbessie. After a careful review, he made a request to repurchase the property, and Gbessie agreed.
Having agreed to the demand of Gbessie, Fallah claimed that his father repurchased the said property for the second time from Gbessie in August 1994; and again an administrator’s deed was issued, which Fallah Sr. allegedly probated and again registered, Vol. 38-94 and pages 123-124.
However, the lawmaker claimed that sometime in 2009, while trying to construct his school on the disputed property, he was approached by the elders, opinion leaders and senior residents of the community, claiming ownership of the land.
According to Representative Fallah, the community residents claimed that they were administrators of the contentious property and later offered to have it sold to him.
As a consequence of the agreement, the lawmaker alleged that he repurchased the property from the residents on August 13, 2009, and an administrator’s deed was issued and duly registered, probated and recorded in Vol. 164-200, pages 188-90.