Monrovia—The Supreme Court of Liberia has reversed the final ruling of the Sixth Judicial Circuit, Civil Law Court, which had previously confirmed a jury verdict in favor of Otis Kyne and others in the land dispute with Modern Development and Management Corporation (MDMC).
The Supreme Court has now ordered the eviction of Kyne and the other appellees, placing MDMC in full possession of the contested property.
The Supreme Court’s decision, handed down on August 27, 2024, was signed by four Justices in Chambers. In its ruling, the Court emphasized that the purpose of an investigative survey is to assist in resolving technical aspects of a case, which can be used as an evidentiary tool.
The Court noted that the investigative survey report established that the metes and bounds of MDMC’s title deeds matched the disputed property, while those of the appellees did not. As a result, the jury’s verdict was deemed to be against the weight of the evidence and was set aside.
The case originated on May 9, 2012, when MDMC filed a twelve-count action of ejectment against the appellees in the Civil Law Court. MDMC claimed ownership of 16.47 acres of land located in Mount Barclay, Montserrado County, which it purchased in 2013 from the Intestate Estate of John Mack Bettie through its administrators. The corporation had planned to construct an asphalt plant on the property.
MDMC alleged that the appellees—Otis Kyne, Musa Kanneh, Nyannet N. Nyanett, Annie Nyan, Netty Nyanneh, Debora Dorbor, Mesach G. Wilson, Akin Passawe, Morris Barbay, and Brutus King—illegally encroached on its land, constructing structures despite multiple warnings and notices to vacate.
To support its claims, MDMC presented three separate deeds: one for 1.35 acres, another for 5 acres, and a third for 10.2 acres, all purchased from the Bettie Estate in 2013. However, on January 7, 2022, Judge Ousman F. Feika of the Sixth Judicial Circuit upheld a jury verdict that found the appellees not liable.
Dissatisfied with the lower court’s ruling, MDMC appealed to the Supreme Court, filing a twenty-six-count bill of exceptions. Upon review, the Supreme Court reversed the lower court’s decision, ruling that the appellees should be evicted and MDMC placed in possession of the property.
The Court also ordered the Clerk to send a mandate to the lower court to enforce the ruling, with costs charged to the appellees.
During the hearing, Cllr. Abrahim B. Sillah, Sr. of Heritage Partners and Associates, LLC, represented MDMC, while Cllr. Amara A. Kenneh appeared on behalf of the appellees.
