Woman, 90, Vows to Resist Takeover of Her Property by Justice Ja’neh

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Resisting Justice Ja'neh from taking over her property, 90 year-Old Annie Constance also has beef with Chief Justice Francis Korkpor

Days into the taking over of her property by Associate Justice Kabineh M. Ja’neh, Mrs. Annie Constance, 90, has vowed to resist any attempt by the Civil Law Court — even-up to her death — to see her hard-earned home being given to the Supreme Court justice.

The property is situated on a 0.54 lot of land, along with houses, on the Russell Avenue, Saye-Town Community, Sinkor, in Monrovia.

Mrs. Constance’s only asset is her home, including the disputed 0.54 lot of land it sits on, which she and her late husband Nyema Constance purchased from Mrs. Rebecca Elliot in the 1950s.

Mrs. Constance, who has been hospitalized on several occasions since the Supreme Court ruled in favor of Justice Ja’neh, tearfully explained to journalists that, “This can’t be happening in my very eyes. There got to be a mistake on the part of the court.”

The Supreme Court gave its opinion on October 12, 2017, which judgment mandated then Judge Boima Kontoe to enforce it (opinion) by evicting Mrs. Constance and her children.

Justice Ja’neh did not signature that judgment. It was only the four other justices, including Chief Justice Francis Korkpor, who signed it.

Madam Constance got into the predicament after being sued by Justice Ja’neh, claiming that her son Nyema Constance, who died in 1998, sold the property to Ja’neh in 1997.

Even though the Supreme Court had ruled that Mrs. Constance did not have the opportunity to defend herself in the matter at the Civil Law Court on grounds that her lawyer, Lawrence Yeakulah, had abandoned the matter, they ruled in favor of Ja’neh.

According to Mrs. Constance, the alleged transaction between her late son Nyema Constance Jr. was done in her absence and without her knowledge.

“By 1997, I was in Cote d’ Ivoire when Justice Ja’neh claimed to have purchased the property from my son,” the ailing woman claimed.

Madam Constance said she returned to Liberia in that same year, after she learnt that her son was seriously ill.

Unfortunately, her son died the following year, 1998.

“How in this world will a single individual sell a property belonging to his many siblings, including me, without any of them knowing about it,” Constance wondered.

After the death of her son, it was then she received a letter on December 28, 2009, from Cllr. Cooper Kruah, lawyer of Justice Ja’neh, about the transaction between her son and Ja’neh, which copy is with the Daily Observer.

In that communication, Cllr. Kruah, who is now Minister of Post and Telecommunications, said: “We have been retained by Mr. Jusufu D. Fofana, the Attorney-In-Fact for the property in which you reside, to give you a 30 day notice to vacate for renovation. Mr. Fofana’s principal, Cllr. Kabineh M. Ja’neh purchased this property from J. Nyema Constance, Jr. in the year 1997, with the approval of the Probate Court for Montserrado County.”

The letter further read, “In view of the above, it is our hope that you will strictly adhere to the dictates of this communication and govern yourself accordingly.”

The letter continued, “In the event you fail and neglect to vacate within the period specified herein, we shall be compelled to proceed against you legally to have you ousted from the subject property.”

It was the alleged failure of Madam Constance to vacate the property that caused Justice Ja’neh’s lawyer, Kruah, to decide to take the matter before the Civil Law Court.

Also, a document from the Monthly and Probate Court for Montserrado County, which copy is also in the possession of the Observer, partly said: “Nyema Constance Sr. was issued a letter of administration by Jehu Striker, then judge of the Monthly and Probate Court of Montserrado County, in the 1960s.”

Later, the same court in 1996 and under John Greaves issued a letter of administration to Nyema Constance Jr., with a mandate to sell and dispose of any property of the Intestate Estate of his late father J. Nyema Constance Sr., including the disputed 0.54 lot of land.

Associate Justice Kabineh Ja’neh

The Supreme Court ruled, dated October 24, 2017, a copy of which is also with the Daily Observer, claimed that when the case was called for hearing, only Cllr. Kruah was in attendance, while Madam Constance’s lawyer, Lawrence Yeakula, was nowhere around.

Cllr. Yeakulah had earlier in April 2013 rejected Judge Kontoe’s ruling in favor of Ja’neh that he (Cllr. Yeakula) did not attend the trial.

In October 2013, almost six months later, Cllr. Kruah obtained a clerk’s certificate that after the filing of the exception, Yeakulah had taken no further step to perfect the appeal.

Later, on December 2, 2013, Kruah filed an appeal before the Supreme Court to dismiss Yeakula’s pleads, which the court ruled in October 2017, in consonance with the law.

“The motion to dismiss the appeal is hereby granted, and Yeakula’s appeal is dismissed,” the justices ruled, adding, “the clerk of court is ordered to send a mandate to the Civil Law Court, mandating the judge presiding there to resume jurisdiction over this case  and give effect to this judgment.”

During the hearing Yeakula, the Supreme Court said, made a submission to the court, requesting for continuance (postponement) for a period of a month, to enable the parties amicably resolve the matter between them without further litigation.

By that time, the Supreme Court said, Cllr. Kruah interposed no objection.

“The court said if the parties failed to file a voluntary withdrawal within that one month period the court will proceed with the case and make a determination therein,” the justices quoted the Civil Law Court decision.

The records however not only showed the absence of any evidence of a resolution of that matter, but also that no notice of voluntary withdrawal had been filed, notifying the court that the matter had been amicably settled.

Authors

15 COMMENTS

  1. Where is she going to spend her last days on earth? How could a son take such a hard decision against his family? Why should some kids put their parent at risk? So sad for an old lady like her..

    • One of the issues in Liberia is any family member could illegally sell family land without any proof of ownership and the system allows it which is wrong. For example, in America, no one can sell property without valid proof of ownership. That ownership is established based on a chain of verified property records, etc. Unlike the Unites States, anyone can bribe a probate court judge in Liberia to probate a deed in anybody’s name and your property is gone. How can one person sell property that belongs to a family, if the family did not authorize such a sale? It’s a very flawed system that needs to be fixed.

    • Associate Justice Kabineh Ja’neh should be ashamed of himself to be fighting to take away such land from this old lady, simply because according to him Janeh, he bought the land from the oldlady´s son who died in 1998, after he sold the property to him Ja’neh in 1997.

      Associate Justice Kabineh Ja’neh, IN SUCH A SITUATION, learned men should PUT ASIDE LEGALITY OR GREED FOR MATRIAL GAIN, AND TEMPER MERCY WITH MORALITY AND JUSTICE!!!!!!!!!!!!!!!!!!!!!!!!!!!!

      And the justice here is that although you MAY have bought the property from the old lady´s dead son as you claim, you should also take into consideration the fact that the son was wrong to have sold such property while his mother was still alive and needed the land!

      You call yourself MR. JUSTICE AND BEHAVING AS MR. INJUSTICE BEHAVING AS EVIL PERSONIFIED! SHAME ON YOU JANEH! BUT IN FACT, WHAT SHOULD ONE EXPECT FROM A WAR CRIMINAL!!!!!

  2. What a joke!
    Shame on you people, calling yourselves justices. Where is the Justice , Liberia’s war caused struggling relatives to sell families properties, even without authorization ,and those vipers were all too ready and willing to seize the opportunity to exploit these situations.
    Fools… seems like nothing much was learned from that brutal civil war. So many lives lost, yet ; the greed and corruption persist.
    How disgraceful … I’ve often heard the saying the more things change , the more it stays the same. The likes of Ja’neh is a disgrace to the very institution they profess to represent.

  3. we all know that there is no justice in liberia. this man has no shame. These judges support one another as Liberia is a huge cartel. Old ma, I am sorry. The Liberia you knew is no more. What we have here is a pepper soup of illiteracy, corruption and injustice.

  4. Ok Mr. Ja’neh, it is said that you are claiming a land from this rightful owner under the pretext that you bought the land from the son of this old lady and this is to say you had an unjust arrangement without the consent of the rightful owner towards said property.
    Remember that this is not a fair way of gaining riches and you need to stop intimidating this old lady and let her have peace. She is the rightful owner and as long as she did not make any arrangement with you and did not sell her place to you, it is imperative that she should have her land. As a child of my parents, I can not sell or take over their properties until given to me. I can not have any ownership of their properties until a will is passed unto me before their death of a notation signed by them giving me the right. How will a person that has their property and land and does not know about the selling of their properties by their son and yet you claim it to be a legal process; are you out of your mind?
    Mr. Ja’neh you have a lot of money and properties that you can live on until your death, but this old lady can not be deprived of her rightful property or land my friend. Common sense dictates that no matter what the case is, no child can have legal rights over any of their parent properties until it is willingly given to them by will or probably during their death which is inheritance.
    Thisa is an act of intimidation and the desire of you to use your power and connections to snatch away or steal from this old lady and a senior citizen, You need to be ashamed of yourself and find something else to do. You have no respect for the elderly.

  5. My only wish is that the news paper be more investigative regarding this matter. For example:
    1. Was the awarding of the Letter of Administration to Nyema constance Jr. appropriate giving that his mother was still alive and possibly the appropriate heir?
    2. For most of 1996 there was a full scale war going on in Liberia, when was this court able to function?
    3. The contents of the letter to Mr Constance Jr as written here states ” sell and dispose of any property of the Intestate Estate of his late father J. Nyema Constance Sr., including the disputed 0.54 lot of landsell all property”. I am not sure that is normally how a letter of administration is worded.

  6. John Mannah and David Kemah have raised appropriate questions that should be legally addressed. I’m surprised though that if the widow of the deceased is alive, and the probate court reissued letter of administration designated the son of the deceased, why in it’s ruling did the court not address how it interpreted the widow’s right to ownership of the land? Did it simply ignore her rights? Why, if so? Did the son present document to the court that designated him as heir or that his mother was deceased and no other sibling was alive? And furthermore, considering the appearance of ethical violation since the case involved a Justice of the Supreme Court, one would think that every “T” would be crossed and discoveries made by the Court to ascertain the legality of every transaction and lower court’s action, now that the supposed rightful heir of the property has appeared. Also, as an elderly person, if her legal representation did not follow proper court’s procedures to appear when requested, the court should consider her age and conditions to either assign a pro bono lawyer or reschedule the trial date to allow her time for a new lawyer. If the court proceed with this holding, I think the Senate Committed, if there’s one, should look into this for potential violation of judicial code of conduct.

  7. Where is the moral conscienceless of our Liberian Society? Why other may argued that morality is not law, I may asked, With the age and the physical outlook of this Mother, will Justice Kabineh M. Ja’neh be at peace if this was to happen to any immediate family member of his? Justice Ja’neh, reconsidered your decision despite what you called your legal right.

  8. It has to be noted that the very same Diorene Court Justice Ja’neh was himself one of the chief architects of the senseless and self-serving warlords that led to countless deaths, destruction and displacement of families. How is it fair that because he was a warlord and was, therefore, able to live among the killer fighters and should have the right to dispossess the old woman of her property? The Supreme Court Justices must themselves be ashamed and temirseful enough to revisit their unjust decision.

  9. Is this place in her late son name? If not than what the law say when selling. thing that is not in your name. what the law of LIBERIA say.?

  10. That land is not legally sold to Justice Ja;neh at all. Mrs. Constance never ever give or
    transferred the Deed to her son! Why Justice Ja;neh did not verify that? The policy of
    President George Manneh Weah is being impugned here by a man who sits at the helm
    of justice in the country, under the administration of President George Manneh Weah;
    whose pro-poor agenda is being publicly discussed? Therefore, the President must
    immediately intervened to return this 90 years old lady’s land before she dies from
    heart break, mperiod!

  11. Justice Janeh is former Warlord, along side the LURD rebel top brass. The decision to place him on the supreme Court bench was one Ellen’s major blunders.
    They along with npfl, inpfl, the two ulimo factions, ldf, model and the rest of them should be facing the war crimes court.
    That court needs to be set up ASAP.
    These people seized people’s properties during the war and got away free. You should seen the day or days that the LURD rebels looted the Freeport when they were withdrawing after world war 3. Now they still want to seized people’s properties under the guise of the law.
    How can you buy a family property from one man without due diligence?
    We know Liberia is a very corrupt society and land, houses, and etc are always being sold illegally and bought illegally with the courts, lawyers, and surveyors being complicit.
    If this act is allowed to happen, then Liberia is in a bigger mess than thought.

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