Tagged: ACTION OF EJECTMENT

This case is before us on appeal from a ruling rendered by the Sixth Judicial Circuit, Civil Law Court, Montserrado County, against the appellant Varfin Kenneh. The appellant challenges the lower court’s ruling, averring that the court overlooked material facts in the case, and has petitioned this Court to overturn the ruling and enter the ruling that ought to have been rendered by the court below.

The salient facts that are crucial to the determination of this matter are that on March 6, 2019, the appellant Varfin Kenneh, by and through his Attorneys-in-Fact, Foday Kenneh and Mohammed Kenneh, filed an action of ejectment before the Sixth Judicial Circuit, Civil Law Court, Montserrado

This is an appeal from a final ruling rendered in an action of ejectment filed by the appellee James Z. Momoh by and thru his Attorney-in-Fact George Lansana Fallah against the appellants Solomon Ngekia, Hawa Fahnbulleh, Ansumana Sheriff, Beatrice Johnson et al, in Sixth Judicial Circuit Court, Montserrado County. The appellee alleged that the appellants are withholding his property and have refused to vacate the said property despite several requests for them to do so. After several interlocutory challenges by the appellants, the Civil Law Court rendered final judgment against the appellants, adjudging them liable in ejectment and ordering that they be ousted and evicted from the subject property. The appellants now ask this Court to reverse the adverse judgment entered by the Civil Law Court against them.
The records reveal that the appellee filed the action of ejectment on April 27, 2010, before the Civil Law Court, Montserrado County; that based on the complaint, the court issued out the writ of summons along with the complaint for service on the appellants. The returns of the sheriff indicated that the Co-appellant Ansumana Sheriff received the court’s precepts but refused to sign the copy of the writ of summons, while the rest of the

This case presents a legal issue that has been settled by this Court in several Opinions. We are therefore left to wonder why a long standing member of this Honorable Supreme Court Bar would elect to waste the Court’s time by raising the same issue on appeal. This speaks to the fact that despite many pleas from this Court requiring that lawyers acquaint themselves with Opinions of this Court, they have deliberately chosen not to be au courant with the Court’s Opinions, or it is a scheme by lawyers to bring up settled issues before this Court on appeal as a means to deliberately delay and baffle the settlement of proceedings in the court below. The Code of Moral and Professional Ethics of lawyers provides in Rule 31 that a lawyer’s appearance in court should be deemed equivalent to an assertion on his honor that in his opinion his client’s case is one proper for judicial determination.

The facts as the certified records reveal are that the late Edmond D. Cisco purchased a half (1/2) lot of land lying and situated in Larkpazee community, Sinkor, Monrovia from Africanus L.M. Mapleh in 1974. Edmond D. Cisco died intestate and upon his death, one of the six children born out of his body, Joshua Cisco, obtained Letters of Administration from the Monthly and Probate Court for Montserrado County authorizing him to administer the intestate of his late father. The said letters of administration was issued to Joshua Cisco on September 13, 2017. Based on the authority conferred on him as administrator of the intestate estate of Edmond D. Cisco, Joshua Cisco obtained Court’s Decree of Sale and thereafter conveyed the half (1/2) lot of land acquired by the late Edmond D. Cisco in 1974 to the appellee herein, Mount Sanai Tabernacle. This conveyance was made on August 14, 2018, and an Administrator’s Deed issued as evidence thereof.