Supreme Court rules in favor of MDMC.

By: Emmanuel Wise Jipoh

After nearly ten years of litigation, the Supreme Court of Liberia has ruled in favor of Modern Development & Management Corporation (MDMC) Express Incorporated, granting the company ownership of over 16.47 acres of Land situated in Johnsonville Township, Mount Barclay, Montserrado County.

 Copy of the High Court’s ruling signed Her Honor, Chief Justice Sie-A- Nyene G. Yuoh, and Associate Justices Jamesetta Howard Wolokolie, Yussif D. Kaba, and Yamie Quiqui Gbeisay, Sr. rendered Judgment against Otis Kyne et al also of Johnsonville in favor of the MDMC as legitimate owner of the 14.47 acres land in a case that has led to series of controversies over the years.

Her Honor, Chief Justice Yuoh, delivering opinion of the court dated 27th Day of August A.D. 2024,  said an instant action of ejectment is before the court body on appeal from a ruling rendered by Assigned Trial Judge of the Sixth Judicial Circuit, Civil Law Court, Montserrado County, Ousman F. Feika, during its December Term of Court 2022, states that contesting parties for a parcel of land present their respective title instruments to the same grantor, the Intestate Estate of John Mack Bettie.

Chief Justice Yuoh indicated that pertinent facts as culled from records dated May 9, 2019, that Appellant Modern Development and Management (MDMC), plaintiff in the court, had filed a twelve- action of ejectment against the appellees before the sixth Judicial Circuit and the Civil Law Court, alleging among other things that it is the legitimate owner of the sixteen point forty-seven (16.47) acres of land lying and situated in Mount Barclay, Montserrado County.

Speaking to the New Dawn on Tuesday, 3rd September 2023, a source who asked for anonymity narrated that MDMC had purchased the subject property in 2013 from the Intestate Estate of John Mack.

Bettie, through its administrators, Shadrach Bettie, Melvin C. Bettie, Karin Bettie, Ricky Mensah, and Richard D.A. Hill, for the construction of an asphalt plant.

According to the company source, the “Appellees” – defendants Otis Kyne, of Johnsonville Township, without any color of right and in complete disregard of the appellant’s (MDMC) property rights, illegally encroached on their premises and have constructed structures, thereon despite several verbal warnings and written notices to vacate the premises and damage lies ahead for wrongfully withholding their premises and construction of structures thereon.

To substantiate their claim on the said property, defendant Otis Kyne attached three (3) separate deeds before the court, naming first of three deeds containing (1.35) acres of land, the second deed containing five acres of land, and the third deed containing ten point two (10.2) acres of land, all purchased from the “Intestate Estate of John Mack Bettie, back in 2013.

Our Source also revealed that MDMC had also filed an action of ejectment against eleven of the appellees, namely, defendants “Otie Kyne, Musa Kanneh, Nyannet N. Nyanett, Annie Nyan, Netty Nyanneh, Debora Dorbor, Mesach G. Wilson, Akin Passawe, Brutus Kind, Morris Barbay, and Brutus King.

However, court records dated May 20, 2019, show that only Co-defendants/ co-appellees Otis Kyne, Musa Kanneh, Nyannet N. Nyanett, and Annie Nyan jointly filed a twelve-count answer to the allegations contained in the appellant’s complaint against them.

The Crux of the co-appellees’ answer before the court that the “appellant’s title instruments that were attached to its complaint as proof of ownership for the subjected property were fraudulent because the “appellant presented three (3) separate deeds with different volume and page numbers to substantiate its claim of ownership to the disputed property; that they the (appellees) defendants have superior titles because the fraud contained in the appellant’s titles vitiate everything; that the “appellant” lacks the standing and legal capacity to institute the action of ejectment owing to the fact that all of its purported title instruments contained fraud and that for these reasons damages will not lie against the co-appellees’ as they are the legitimate owners of the disputed property.

Meanwhile, wherefore and in the view of the preceding, the Supreme Court notes that the final ruling of the Sixth Judicial Circuit, Civil Law Court, as confirmed by the verdict of the jury, is hereby reversed, and “appellees, defendants Otis Kyne and others are ordered ejected, ousted and evicted from the subject property and the appellant placed in possession thereof.

The ruling continues that the Clerk of Court is ordered to send a Mandate, commanding the judge presiding therein to resume jurisdiction over the case and give effect to the judgment of the Opinion, and costs are ruled against the “appellees. Editing by Jonathan Browne