The Supreme Court of Liberia sitting in its October term has rendered judgment in a US$10,000 land dispute case which has been contested for since 2010. The ruling favors Dr. Nelson Oniyama against the Subah Belleh & Associates law firm.
The high court opinion, delivered by Associate Justice Philip A. Z. Banks, affirmed the penal jury unanimous verdict in favor of the defendant saying, "It was in accordance with the facts as provided law."
But two of the Justices, Chief Justice Francis Korkpor and Associate Justice Jamesetta Wolokollie had dissenting views over the ruling.
The Supreme Court reached the decision after reviewing the facts and circumstances presented in the case in keeping with law.
It discovered that the Plaintiff Subah Belleh & Associates did not meet the evidentiary burden of proof standard required under the law.
On May 2011 Subah Belleh & Associates filed a complaint against Dr. Nelson Oniyama at the Civil Law Court in Monsterrado County claiming that the defendant has encroached on their property situated on the Bushrod Island and refused to leave.
The action of the defendant forced the Plaintiff to entitle a damage lawsuit in the amount of US$10,000 for depriving plaintiff of his property.
The plaintiff in its complaint, amongst other things, alleged that the defendant has encroached on his property owned by virtue of a deed issued in their favor by Mr. John G. T. Nagbe administrator of the intestate estate of the late G. Koffa Nagbe, which they purchased in 1985.
Disputing the plaintiff's claim, Dr. Nelson Oniyama stated that the land in question was purchased after careful adhering to the procedures and requirements applicable to the purchased of a land.
Dr. Oniyama further said that he surveyed the subject in accordance with the requirement of the Ministry of Lands, Mines and Energy.
The ruling of the Supreme Court ended the long awaited speculation as to who were the proper owners of the property that was dispute since 2010.