PHOTO: Ex-VP Boakai and the UP HQ that has ended up in court
By Massa Kanneh
Civil Law Court Judge Kennedy Peabody has held former Vice President Joseph Boakai’s Unity Party Leadership liable for failing to pay rent for the Party’s Headquarters in the amount of US$180,000.00.
Making the ruling on Tuesday, Judge Peabody furthered ordered the Leadership of Unity Party to paid Twenty Thousand United States Dollars (US$20,000) in damages for wrongful withholding of the Property, which holds their Party Headquarters in Congo Town.
The Judge’s ruling is based The Petition for Summary Proceedings to Recover Possession of Real property, filed on February 23, 2021, in which complaint Worjoloh McClain Enterprise, Inc. by and through its Chairman, Dr. Randolph A.K.W McClain asserted respondent (Unity Party) through its Leadership have failed to lived up to their lease agreement in paying their rent.
The Complainant claimed that since July 1st 2017, for a consideration of Sixty Thousands United States Dollars ($60,000) per annual and that said agreement has expired since 2018 but Unity Party stills occupied the property and owes One Hundred Eighty Thousands United States Dollars ($180,000) in arrears and have refused and beg elected to pay.
As a result of the wrongful withholding of the property, the Complainant requested Two hundred and fifty Thousand United States Dollars for damages.
In response to the Petition, Unity Party by and through Amid Modad and their Lawyer On March 4th, 2021, filed a two-count general denial and requested Court to dismiss said Petition.
This followed a Notice of Assignment, issued on November 2nd, at which time, Respondent (UP)’s filed a submission and admitted that the Property actually belonged to the Complainant and furthered requested for Negotiations regarding the amount.
Upon filing the submission for Negotiation, the Property owner McClain, resisted and asked to Court to evict and oust the Respondent (UP) from the premises and caused UP to pay the rent due and damages of US$250,000.00.
After the revision of all Court’s records, Judge Peabody affirmed that the Agreement expired in 2018, evidence by the Demand Letters sent to Respondent (UP), which was not denied.
To further substantiate the Petitioners claims to the property, they attached the Title deed, one lease agreement between the two parties, several demand letters to Respondent (UP), one Article of Incorporation and a Board Resolution.
The Court noted that those were best evidences produced by the plaintiff against the defendant.
According to Judge Peabody, it is an undisputed fact that the Property belong to the plaintiff and refused to turned it over without the consent of the owner.
The Court says any person who is rightfully entitled to the possession of real Property, may bring an Action of ejectment against any person who wrongfully withholds Possession thereof. Such an Action may be brought when the title to real property as well as the right to Possession thereof is disputed. 62.1(1LCL Revised).
Meanwhile, UP’s Lawyers have announced an Appeal to the Supreme Court.