For the past month, the Civil Law Court “Annex” of the Sixth Judicial Circuit in Monrovia, Montserrado County, has been grappling with a directive concerning an ejectment case. The court issued a directive requesting the Liberia Land Authority (LLA), defendants Roland Peters and Joana Peters, and plaintiffs James Butty and Joanne Manswell Butty of the Intestate of Maryland, United States of America, represented by their Attorney-IN-Fact, Stanford Butty of Monrovia, to submit the names of registered surveyors within ten days. This request aims to conduct an Investigative Survey over a disputed one-acre or four-lot property located in Gbengbar Town, Paynesville, Montserrado County.
By Victoria G. Wesseh
Despite the directive from His Honor Ousman F. Feika, the Assigned Circuit Judge at the Civil Law Court “Annex,” there has been no progress in the case after one month and ten days. Court records do not indicate that the anticipated investigative survey has been conducted.
Legal experts emphasize the importance of investigative surveys in ejectment cases, as they serve as prima facie evidence for summary judgment, ensuring speedy trials and access to justice for landowners.
A letter dated January 24, 2024, signed by Alfred N. Morris, Clerk of Civil Law Court “Annex,” was addressed to Atty. J. Adams Manobah, Sr., Chairman of the Liberia Land Authority. The letter instructed the submission of the name of a qualified, licensed, and registered surveyor within ten days from the receipt of the communication.
Front Page Africa possesses documents indicating that the Liberia Law Group, INC., representing plaintiffs James Butty and Joanne Manswell Butty, promptly complied with the court’s communication. They nominated Lawrence M. J. Zayzay as their appointed Surveyor Representative in a letter dated January 26, 2024.
The plaintiffs assert their rightful ownership of the disputed property, acquired in 2020 through an honorable purchase from Mr. Kaboi K. Nuta and Mrs. Cecelia Nuta. They cite a duly conducted survey, conveyance of title, probated title instrument, and registration in the records of Montserrado County as evidence of their ownership.
The plaintiffs accuse the defendants of forcefully occupying their property despite warnings and demand that the court declare them illegal occupants and rule the costs of the proceedings against them.
In response, the defendants filed an answer alleging legal purchase of the property from Joseph Gologo and Family, payment of real estate taxes, and commencement of construction work since 2020. They claim uninterrupted possession since 2010 and seek damages for alleged harassment and mental anguish caused by the plaintiffs.
The case remains pending before the Civil Law Court as both parties await further proceedings.