Supreme Court Justice In Chambers Places Stay Order On Opposition Unity Party Rental
By Garmah Never Lomo, garmahlomo@gmail.vom
TEMPLE OF JUSTICE, Monrovia– The Supreme Court Justice in Chamber, Yamie Gbeisay has placed stay order on the ruling by the Civil Law Court Judge Kennedy Peabody, who ordered Joseph Boakai’s main opposition Unity Party (UP) to pay the amount of US$200,000.00 rent on July 3, 2023.
The Justice in Chamber’s decision was based on a petition for the writ of Prohibition filed by the Lawyers representing Unity Party against Judge Peabody and Worjoloh McClain Enterprise.
Based on the writ of Prohibition, the high court ordered: “You are hereby cited to a conference with his Honor Yamie Gbeisay on Monday, July 10, 2023 at the hour of 10:00am.”
Justice Gbeisay added, “Meanwhile, you are ordered to stay all further proceedings and/or actions pending the outcome of the conference,” the court mandated.
On February 23, 2021, McClain filed a summary proceeding against the Unity Party Chairman and all those in authority to recover possession of the real property.
On November 23, 2021, the court held the Unity Party liable and ordered the Sheriff to evict the UP. Additionally, they were ordered to pay arrears of US$180,000 and an additional US$200, 000 for wrongfully withholding the property. The McClain were then placed in possession of the said property, and the key was turned over to them.
The McClain Enterprise then requested a Writ of Execution for the payment of US$200,000. However, on June 14, 2022, the Unity Party filed a response for a payment stipulation. The petition was heard by Judge Nancy Finda Sammy, who ordered the Unity Party to pay 25% of the said amount within a week as of August 16, 2022. However, the Unity Party failed to comply with the mandate.
A second ruling on October 19, 2022, was made by Judge Sammy, mandating the UP to pay a sum of US$100,375, representing half of the total arrears owed to McClain before October 31, 2022. The remaining amount was to be paid on December 15, 2022, or else a writ of execution would be issued.
Once again, the Unity Party failed to honor the court’s mandate. As a result, McClain filed a Bill of Information on May 3, informing the court about the Unity Party’s refusal to comply to May 19, ruling was made stating that all UP officials would be held in contempt if the party failed to pay.
However, on June 8, the Unity Party applied a payment stipulation, informing the court that they had paid US$50,000, which represented 25% of the total amount, contrary to the judge’s mandate. They requested to pay the balance in four equal installments.
The court noted that since its November 23, 2022, judgment and the filing of the Bill of Information, there had been no evidence of the UP making efforts to pay the required 50% by October 31, 2022. Therefore, the court concluded that it would be left with no alternative but to enforce the November 23, 2021, judgment.
In his ruling, Judge J. Kennedy Peabody of the 6th Judicial Circuit Court emphasized that the court had previously ordered the Unity Party to pay the full judgment by June 10. Failure to do so would result in the party being held in contempt. Judge Peabody stated that the ruling of May 16, 2023, is still in effect due to the UP’s repeated failure to meet its stipulations. Consequently, the court denied the UP’s stipulated request and overruled it.
“The Respondent Unity Party is hereby given up to and including the 3rd of July 2023, the same day being Monday, to satisfy the full judgment amount. Failure to comply with this ruling, the sheriff of the court is ordered to arrest the living bodies of the standard bearer of the Unity Party, the chairman of the Unity Party, and the Secretary General of the Unity Party,… without notice to them and brought forth before this court and show assets of respondent Unity Party to be auctioned by this court to satisfy the judgment amount or they would be incarcerated at the Monrovia Central Prison pending the satisfaction of said judgment,” Judge Peabody ruled.
The amount in question is US$200,000, and since August 16, 2022, the court has ordered the Unity Party to pay half of this amount, which is 100,375, on or before October 31, 2022. The remaining 50% was to be paid on or before December 15, 2022. Failure to fulfill these obligations will result in an execution to satisfy the court’s judgment.
According to Judge Peabody, failure to comply with the court ruling, the Sheriff of the court will be ordered to arrest the living bodies of United Party Standard Bearer Joseph N. Boakai, along with his officials, including the Party’s Chairman, Co-Chair, Secretary General, Legal Counsel, and Chair on the Steering Committee.