The Acting Chairman of the Congress for Democratic Change (CDC) has raised concerns about the handling of an eviction threat by the Sixth Judicial Circuit Civil Law Court regarding their headquarters located in Congo Town.
The eviction of the former ruling party from its headquarters encompasses a longstanding property dispute involving the Bernard family, who won a legal judgment for the property in 2016.
CDC has been renting the property from Mr. Dempster since the court’s decision. In March of this year, the Sixth Judicial Circuit Civil Law Court of Montserrado County issued a double writ, instructing the former ruling party, CDC, to vacate their Congo Town headquarters.
This decision follows the court’s ruling declaring Martha Stubblefield Bernard as the rightful owner of the property, via her administrator, Ebrima Varney Dempster.
This comes after the Supreme Court ruled against the CDC in an ejectment action filed with the Supreme Court by Ebrima Varney Dempster on behalf of Martha Stubblefield Bernard.
The Supreme Court, in its ruling, confirmed and affirmed the decision of the lower court against the former ruling party, CDC.
In August 2023, the CDC received a notice indicating an impending eviction, despite ongoing negotiations to purchase the property.
Judge Golda Elliot of the Sixth Judicial Circuit Civil Law Court issued a warrant of possession on March 7, 2024, instructing the court sheriff to remove the defendant, CDC, from its headquarters. In the second writ issued by Judge Elliott, the sheriff was instructed to apprehend the defendants’ corporate officials and administrators if they did not provide the plaintiff, Dempster, with the requested amount of US$54,000 and over LRD$13,000.
The defendants in this action were the estate of the late William Thomas Bernard, represented by Archibald F. Bernard, Nancy Freddy Bernard Freeman, Murary Bernard, Vivian Bernard, William Bernard, Leona P. Bernard, and Congress for Democratic Change, through its chairman, Nathaniel F. McGill.
The judge ordered the sheriff to confiscate the defendants’ properties, including CDC belongings, and put them up for auction in the Writ of Execution.
The order states that the property should be seized and sold if the sheriff discovers that US$54,170.00 and US$13,250, plus additional amounts, are not available.
If the sheriff is unable to locate any land, goods, or chattel, he must arrest the corporate officer and administrator of the CDC and bring them before the court to be dealt with by the law.
CDC Acting Chairman Kowo asserts that the eviction notice is invalid, as they have been paying rent to Mr. Dempster and are therefore in lawful possession of the property.
According to the party’s acting chairman, they have filed a “Bill of Information” with the Civil Law Court, seeking a hearing to address these pressing concerns. Kowo argues that, as they are merely tenants under a rental agreement with Mr. Dempster, any repossession action should not be applicable to them.
Kowo expressed frustration over the alleged delays in the court proceedings, which he believes undermine due process rights guaranteed under the Liberian Constitution of 1847.
Further complicating the situation, Kowo alleges that there are additional pending cases concerning the same property before the Supreme Court.
The acting CDC chairman emphasized their commitment to uphold the rule of law and peaceful transition of power, citing their history of respecting legal decisions and advocating for judicial fairness.
The CDC has also called on the judiciary, the Boakai administration, and the international community to take notice of the situation, stressing that failure to address their Bill of Information and due process requests would be a grave injustice and a violation of their constitutional rights.
As the dispute continues, the CDC remains hopeful that the courts will provide a fair resolution and allow them to continue their negotiations to purchase the property while maintaining their status as a compliant tenant.
The judge’s order was part of an action brought by the Martha Stubblefield Bernard estate, through its administrator, Ebrima Varney Dempster, to enforce the judgment and enactment.
The defendants in the action were the estate of the late William Thomas Bernard, represented by Archibald F. Bernard, Nancy Freddy Bernard Freeman, Murary Bernard, Vivian Bernard, William Bernard, Leona P. Bernard, and Congress for Democratic Change, through its chairman, Nathaniel F. McGill.
The judge ordered the sheriff to confiscate the defendants’ properties, belongings, and chattels, including those of the CDC, and put them up for auction in the Writ of Execution.
The order states that the property should be seized and sold if the sheriff discovers that US$54,170.00 and US$13,250, plus additional amounts, are not available.
If the sheriff is unable to locate any land, goods, or chattel, he must arrest the corporate officer and administrator of the CDC and bring them before the court to be dealt with by the law.
