Nyan Johnny family reacts to media report
The family of Mr. Nyan Johnny representing the intestate estate of the late Saye Kpakar, who was recently mentioned in the Daily Observer’s March 13, 2018 edition alleging that they demolished 10 homes around the Total gas station upon the instruction of Judge Emery Paye, has said the report is false and misleading.
According to the Johnny family, the eviction order issued recently on March 10, 2018, was done under the due process of law and was mandated by the Eighth Judicial Circuit on August 9, 2017, by directive of Judge S. Geevon Smith, an Assigned Circuit Judge in Nimba County.
The spokesperson of the Nathan Kpakar family told this paper in an exclusive interview that on May 25, 2015, they filed an action of ejectment against Peter Dolarseah of Ganta City for illegally occupying their land.
He said while going through the court process against Peter Dolarseah, Vakemo K. Jabateh appeared as administrator of the intestate estate of the late Jabateh and filed a motion of Intervener’s/Co – Defendant’s to Peter Dolarseah in order to become a partner in the case against the Kpakar family.
“After he filed the motion of “Intervener/Co – defendant, we went through the proceedings and the two of them (Peter Dolarseah and Jabateh) lost the case,” he said.
“It was through the judgement or ruling that Judge Geevon Smith ordered the eviction of Peter Dolarseah,” he said.
Nathan Kpakar further explained that when the first batch of sheriff and police officers came to effect the court order, they were beaten by the occupants of the land.
“It was through this, on August 9, 2017, that Judge Smith authorized the director of the Liberia National Police (LNP) to send LNP officers to assist the sheriff and enforce the judgement of the court in a writ of possession against Peter Dolaseah of Gompa City,” Kparkar said.
The court order, a copy of which is in the possession of the Daily Observer, states: “Dear Mr. Director, by the directive of his Honour Cllrs. S. Geevon Smith, Assigned Circuit Judge, Nimba County, I have the official duty to write and ask of you to assist this Honorable Court with a police to join the sheriff of this court, to enforce the judgement of this court in the service of a writ of possession against defendant Peter Dolarseah of Gompa City, Nimba County.”
Nathan Kpakar explained that the order was given when the election was approaching and that after the election and the inauguration of the president, they again went back to the court, during its February Term, for redress.
“We are not law breakers, the eviction was done by the court order so we can get back our property, which has been illegally or wrongfully occupied,” he said.
According to the writ, a copy of which is with the Daily Observer, the plaintiff, Nyan Johnny Kpakar of Ganta City, said that during the lifetime of his late father Saye Kpakar, he acquired and possessed several personal and real properties in Liberia, including an acre of land in Ganta City, Nimba County. He added that the subject of the lawsuit is the lawful purchase of land from the Government of Liberia as evidenced by a tribal certificate and a public land sale title deed.