MONROVIA — The Donzos, Jabateh and Kromah families along with all other Mandingoes live on their respective properties before the establishment of Nimba as a County in 1964.
The Children of the Mano, Gio and Mandingoes live together happily with no contestation for properties or anything until the outbreak of the civil conflict in 1990. At the end of the first civil conflict, rebels occupied the homes of members of the Mandingo tribe as their benefit of the civil war but former President Charles Taylor mandated everyone to return to their original homes before the war.
At this point, everyone including Mano, Gio and Mandingoes tribes return to their homes and lives together until the captured of Ganta by the LURD rebel. This triggered another exodus of people from their homes. Upon fleeing the country because of the LURD war, the homes of the Mandingoes were again occupied by individuals as captured properties.
Former President Ellen Johnson Sirleaf constituted a committee headed by Musa Bility along with several prominent and eminent sons and daughters of the county. The Committee reported in the affirmative for the Mandingoes as the original owners of those properties and recommended the compensation of these occupiers in exchange of leaving the properties.
The government of President Sirleaf accepted the recommendations of the report and provided the compensation in exchange of leaving the properties, unfortunately, some received the money from the government and refused to leave the properties. However, some of the occupiers receive their money and left the properties. According to reports, some of those who received the money used said funds to backdate document and legal lay claims on the properties and those who refused the fund also did same.
The Case
On August 16, 2013, Fred P. Suah filed an action of Ejectment against Dute Donzo, Ansumana Jabateh, Kailefala Donzo and Morlie Kromah claiming ownership of the properties as intestate of the late Paye Suah.
Dute Donzo, Ansumana Jabateh, Kailefala Donzo and Morlie Kromah who are named in the Action of Ejectment died prior to the civil war and their children are the administrators of the properties in question.
However, the administrators of the Donzo, Jabateh and Kromah families were not served with any writ of summons of the action of ejectment to be brought under the jurisdiction of the court for the litigation process on the merit of the case.
But the Sherif in his returns to the court stated that Dute Donzo, Ansumana Jabateh, Kailifala Donzo and Morlie Kromah were seen on the street of Ganta but refused to accept the precept from the court officers, but those he claimed to have been seen in the street of Ganta have been dead for nearly 30 years.
According to documents in the possession of FPA, the Judge of the Eighth Judicial Circuit Court Emery S. Paye issued a default judgment in favor of Fred Suah against the Donzo, Jabateh and Kromah without due diligent on the truthfulness of the Sherif returns.
Judge James Glayeneh was removed by the Chief Justice and replace by Judge Emery Page who on March 5, 2018 wrote the Donzo, Kromah and Jabateh families for a conference and informed them about a default judgment against them. The families were shocked at the information thus leading them to inform their lawyers about the situation.
The Lawyers were giving the opportunity to review the file and thereafter established several legal frauds leading to the default judgment. They realized that in the proceedings leading to the default judgment in the absence of the administrators of the original land owners, two none register members of the Liberia National Bar Association represented Fred Suah and the Donzo, Kromah and Jabateh families.
Attorney David M. Bai, Richard G. Davies, Ralph A. Collins and Sumo Kennedy who represented the parties were not in good standing with the bar and could not practice law in Liberia.
The Liberia National Bar Association Executive Director/LNBA Secretarial Richard Bonwinkor, Jr.in a letter of attestation dated January 17, 2017, attested that these individuals were not qualify lawyers to practice law in Liberia at their times of their representation in the case.
“ We accordingly, have delved into the achieves of the Liberia National Bar Association and found that the gentlemen referred to have not paid annual dues and are not registered members of the LNBA, and they are therefore not lawyers in GOOD STANDING as such” The Liberia National Bar Association Executive Director/LNBA Secretarial Richard Bonwinkor, Jr.
The lawyers of the families also argued that their clients were not under the jurisdiction of the court for a judgment to be rendered against them because they were not served with any precept and were not accorded due process.
Lawyers representing the Donzo, Jabateh and Kromah filed a bill of information seeking to declare the default judgment void but judge Yamie Quiqui Gbeisay declined on basis that he does not have the legal authority to review the judgment of his peer despite his recognition of the legal fraud in the process.
A Motion to Relief from judgment with the same issues was filed before His Honor Roland F. Dahn in 2018, he was declined to set aside and dismiss said judgment on ground of concurrence jurisdiction.
His Honor Gbeisay ruled as follows:
“With reference to the issue none lawyer raised by the informants and the response thereto, it appears to this court that both plaintiff’s lawyer Richard David and Defendant’s lawyer David M. Bai were none lawyers or not graduate of the recognized law school. This issue was not raised by either party until judgment was rendered and the case concluded three years ago. This court says if such issue should be the basis of reversing the judgment; such reversal cannot legally be done by another judge of concurrence jurisdiction.” Judge Yamie Gbeisay.
On March 4, 2029, Judge Roland F. Dahn again denied the motion for the relief of judgement on ground that Judges of concurrent jurisdictions have no power and authority to set aside or reverse the judgement of another judge despite admitting to the reversible errors in the default judgement.
On March 4, 2019, Lawyers representing the Donzo, Kromah and Jabateh falimies filed a petition of prohibition before Justice in Chambers Joseph Nagbe who on March 7, 2019 also declined to issue the writ of prohibition despite the evidence adduced and the acknowledgement by Judge Gbeisay and others of the fraudulent action in the eighth judicial circuit court.
This paper was informed by sources that Justice Nagbe declined to issue the writ of prohibition because the interest of the Chief Justice in the case in favor of Fred Suah, his kinsman.
The Supreme Court in the case Firestone V Kollie, 2004, LRSC 14, 42 LLR 159 held that “All authorities or laws governing the practice of law in this jurisdiction forbid the unauthorized practice of law by anyone. The law imposes upon All judges a duty to conduct investigation into complaints alleging the unauthorized practice of law. Judicial Law, Rev, Code 17: 17.8. it is also that in order to qualify as an Attorney –AT-Law, one must have obtain a license authorizing him to practice law except upon completion of the prescribed course of studies at a recognized law school and admission to the Bar.” Lbid.,17.9.
This court has ruled that proceedings instituted by a person not qualified to practice law are abated. Kanna V Smithet al. 1975 LRSC 31:, 24 LLR 359, 364 1975. Even a pleading of a lawyer whose license has expired has been declared by this court to be of no legal effect. Sesay V Badio and Roberts, 1994 LRSC 1; 37 LLR 359 1994. Where it is established that the person who verified the complaint, purporting to be an attorney and participated in the trial, is not a lawyer and therefore not qualified to practice law in Liberia. It would appear to us that all pleadings file by him and any judgment rendered thereon are of no legal validity and effect. Sesay V Badio et al , supra. Therefore, we hold that any proceeding filed by a person who is not a lawyer or a party has no legal validity and is declared void ab initio.”
But in an attempt to favor Fred Suah, the Justice in Chamber Joseph Nagbe failed to issue the writ of prohibition because of the alleged interest of the Chief Justice in the case despite the clear violation of the laws of Liberia.
Resistance to the execution of the Default Judgment
The Supreme Court of Liberia held in the case UMARCO v American Marine Supply Inc. that where a defendant is not properly summoned, the court has no jurisdiction and a court of coordinate jurisdiction may vacate the judgment as void. The court also stated that there can be no judgment for or against a party not under the jurisdiction of the court.
In the instant case, the Administrators of Donzo, Jabateh and Kromah families were not under the jurisdiction of the court because they were not served any precept to be brought under the jurisdiction of the court.
The default judgment in the case in question was against Dute Donzo, Ansumana Jabateh, Kailefala Donzo and Morlie Kromah all of whom died nearly three decades ago. This means that the current ruling cannot be enforce agdainst the heirs to the properties who are the legitimate owners and not under the jurisdiction of the court.
The case in Ganta is not a land conflict between the Mandingoes and their Mano and Gio but few fraudsters who occupied land doing the war to create conflict in the county.
The Musa Bility named Fred Suah, Amos Suah, current city Mayor of Ganta Nyah Johnny, Neptune Suah Poryor, Melvin Guanue
and Saye Papa.
Some of these guys used the same fraudulent means to obtain default judgement against the Mandingo people despite the absence of the other party.