MONROVIA: The Resident Judge of Civil Law Court ‘’B’’, at the Temple of Justice, Judge Ousman Feika, has finally ruled in the long standing interstate Estate land dispute between the late Karboyah’s Administrators and the late Daniel Webster Urey Interstate Estate Administrators and the management of Kelvin Enterprise in Careysburg, Lower Montserrado County.
On July 3rd 2020, the interstate Estate land administrators of the late Karboyah (plaintiff) filed an action of ejectment at the Civil Law Court “B” in Monrovia against the interstate Estate administrators of the late Daniel Webster Urey (Defendant) for interfering and selling parts of their interstate Estate.
But, responding to the action of ejectment at the Civil Court “B”, the interstate Estate administrators of the Late Daniel Webster Urey (Defendant), denied the claims and asserted that the property subject of the dispute is the legitimate property of the late Daniel Webster Urey.
The defendant further informed the Court that the property was purchased in 1890, and they have lived on the property for a period of over 133 years.
Defendant added that it was in 2018, they saw a group of individuals interfering with the estate; in which the Karboyah’s administrators replayed and pleaded rested.
Thereafter, a motion for an investigative survey was filed by the Karboyah’s (plaintiff), requesting the court to conduct an investigative survey.
The motion was heard and granted and the Liberia Land Authority (LLA) was written to designate a qualified land surveyor to conduct the investigative survey could have help the court to make determination in the action of ejectment before it.
Meanwhile, the LLA designated surveyor Tom Nimely with a licensed number 097 to carry out the investigative survey between the parties.
In obedience to the court’s order to determine the technical reality of the land in dispute, surveyor Nimely was given the respective title deeds of the parties to the land dispute.
According to the investigative survey report, the plaintiff’s deed shows that its property was purchased in 1865 from the Government of Liberia, and the said property situated in Tatee Town of Montserrado County, while the Defendant’s deed shows that its property was purchased from the Government of Liberia in 1890, and also situated in the City of Careysburg.
Nimely surveyed the land in question on November 10, 2021, beginning at 10:30 am. The survey report shows the deed of Plaintiff was claiming 223 acres of land, while the defendant was claiming 1000 acres of land. The report also shows that the property of subject of the dispute is located in Kofoayeallah, Workers Town, Zegbah Road, Careysburg, Montserrado County.
Notwithstanding, the findings of the survey report indicate the area being claimed by Plaintiff falls within the portion of Defendant’s claimed area thus causing a dispute of ownership.
The findings also say the “metes and bound of the plaintiff’s deed when plotted to it claim and the disputed area more particularly reflected it while the defendant’s deed metes and bounds when plotted to the claim and disputed area also reflected it but with a huge variance in its bearing and distances.
However, the metes and bounds of the Plaintiff’s deed have a slight error in its closure but when the error is corrected the quantity of land thereon is 223.38, not 224 as is being claimed.
While the metes and bounds of defendant’s deed when plotted has no error in its closure with a quantity of land thereon being 1000 acres.
Also, in the conclusion of the surveyor investigative report, a copy of which is in possession of The Independent newspaper, specifically, in count one, the surveyor report says: “…the Defendant claims engulf the Plaintiff claimed land is within the Defendant claimed land.
Considering all of the findings and conclusion of the surveyor, the surveyor recommended that the defendant be made to resurvey its land to reflect the actual quantity of land as stated on their deed as they are claiming more land on the ground that is in their deed and that the plaintiff is made to correct the technical error with reference to the metes and bounds their deed being in error with its closure.
Meanwhile, court’s documents show that the surveyor was invited to give clarity to the meaning of his investigative report.
The surveyor took the witness stand and was examined by plaintiff, Defendant, and the Court. He (Surveyor) testified to his survey report and “…count one clearly states that the area as claimed by Defendant is a portion of the area being identified by Plaintiff. So, as such, said dispute boils down to ownership not encroachment or overlap or boundary corner”.
However, at the call of the case for trial the parties made a request of the court to submit to trial by bench instead of by a jury. The request was granted, and the trial commenced.
Plaintiff produced two witnesses (Abraham Barbour and Emmanuel J. Bento) both separately testifying that great-grandfather, Karboyah purchased 224 acres of land from the Liberian government, and the deed was turned-over to them in 2016-2017, by their uncle John Quagar, with a confirmation letter from the Ministry of Foreign Affair.
Thereafter, they set up a board of administrators and obtained a letter of confirmation from the National Archives. They also testified to a certified copy of a deed issued in 1865 from the National Archives, a letter of confirmation from the Liberia Land Authority of 2019, and a letter of administration from the Monthly and Probate Court of Montserrado County.
However, the Defendant also produced two regular witnesses and four subpoena witnesses. The defendant’s first witness Edwin Menlor Urey informed the Court that the property subject of the dispute has been occupied by them for a period of over 133 years without hindrance from anyone.
Defendant’s subpoena witnesses, Nathaniel B. Wakie, Land Commissioner of Careysburg District; and Jacob Carrol, Special Assistant to District Superintendent of Careysburg took the witness stand and testified. The two subpoena witnesses informed the court that the property is situated in the City of Careysburg on the right-hand side from Monrovia to Kakata.
The witnesses further told the court that there is no Tatee Town situated in Careysburg, or in its city limits. Witness Carrol said that there is no bordering town around the City of Careysburg called Tatee Town.
With these testimonies, the parties rested with production of oral and documentary evidence and the case was ruled to final argument.
“This court after carefully examining the evidence, and testimonies and coupled with the argument presented by the respective counsels, this court has lifted the issue raised by the surveyor as the main issue determinative of this matter. The surveyor in his survey report and testimony as per this court’s records informed the court that this matter centered around ownership of property”, the court acknowledged.
In addition, the findings of the investigative survey report say “…that the area being claimed by the plaintiff falls within the portion of defendant’s claimed area thus causing a dispute of ownership…” this statement is also emphasized in the conclusion of the investigative survey report “that the defendant claim engulfs the plaintiff claim falls within a portion of the defendant’s claim”.
“Wherefore and in view of the foregoing facts and circumstance herein above enumerated, it is the ruling of this Court that the land areas identified by the surveyor in the investigative survey report, that is to say, plaintiff’s 223.38 acres of land on the one hand, and Defendant’s 1000 acres of and the other, be re-demarcated as indicated in the survey report with Plaintiff 223.38 acres being the first to be demarcated to be followed by the defendant’s 1000 acres. That the re-demarcation survey is conducted by a qualified land surveyor within thirty days as of this ruling of the Court to reflect the amount of land indicated on their respective deeds. And it is hereby so ordered”, Assigned Circuit Judge of the sixth Judicial Circuit Court of Montserrado County, Ousman F. Feika, ruled.
“Wherefore and in view of the foregoing facts and circumstance herein above enumerated, it is the ruling of this Court that the land areas identified by the surveyor in the investigative survey report, that is to say, plaintiff’s 223.38 acres of land on the one hand, and Defendant’s 1000 acres of and the other, be re-demarcated as indicated in the survey report with Plaintiff 223.38 acres being the first to be demarcated to be followed by the defendant’s 1000 acres. That the re-demarcation survey is conducted by a qualified land surveyor within thirty days as of this ruling of the Court to reflect the amount of land indicated on their respective deeds. And it is hereby so ordered”, Assigned Circuit Judge of the sixth Judicial Circuit Court of Montserrado County, Ousman F. Feika, ruled.
