By Preston Slami Panyonnoh
MONROVIA – The recent eviction carried out by the Civil Law Court against the Congress for Democratic Change (CDC) has raised serious questions about legality and procedure. Amid public debate, renowned Liberian lawyer Cllr. Tiawan Saye Gongloe has stepped in to clarify what the law says.
According to Cllr. Gongloe, a writ of possession is simply a court order meant to return land or property to its rightful owner. Under the law, court officers have the authority to remove occupants and their belongings, even by force if necessary.
However, he stresses that court officers cannot destroy houses or buildings during eviction. “Once judgment is given, all structures belong to the new owner. It is the owner ~ not the court or the police ~ who decides whether to keep or demolish them,” Gongloe explained.
In the CDC eviction case, heavy yellow machines were brought in and used to tear down buildings. Gongloe says this is the crux of the matter.
If the machines were hired by the lawful owner, then the action was legal.
But if they were brought in by court officers or the police, then the action was unlawful, as it went beyond their authority.
“Execution of judgment is about repossession, not destruction,” Gongloe emphasized.
Gongloe pointed to a landmark case, Togba Estate v. Goodridge, where the Estate was given possession of land but the existing house was never destroyed. The reason: only the Estate, as lawful owner, had the power to decide what to do with the building.
Public Questions, Legal Answers
In a series of simplified Q&As, Cllr. Gongloe broke down the issue:
Can court officers destroy houses? No.
Who decides the fate of structures? Only the new owner.
Does Liberia have precedent? Yes, the Goodridge case.
What’s the issue in the CDC eviction? Whether the demolition was ordered by the rightful owner or unlawfully carried out by court officers.
Cllr. Gongloe cautioned against politicizing the issue. “Execution of judgments is not politics; it is purely legal, guided by our Civil Procedure Law and court precedents,” he said.
The CDC eviction, Gongloe concluded, carries a vital lesson for Liberia’s justice system: Execution of judgment must follow the law ~ nothing more, nothing less.
