Court Holds UP In Contempt

By: R. Joyclyn Wea

MONROVIA-Civil law court has nailed the political leader and authorities of the opposition Unity Party for failing to meet up with its May 19, 2023 application to pay its rental fees.

On May 19, 2023, UP filed an application for payment by stipulation on June 8, 2023, and stated therein that it has paid the amount of ŞUS50,000.00 as 25% of the judgment amount, and requested that Court pay the balance in four (4) equal installments.

This Court says since the judgment holding the party liable on November 23, 2021, up to the petitioner filling of the Bill of Information on May 3, 2023, there is no showing that Unity Party has made any effort to comply with the judgment made by this Court.

The party filed two different stipulation payments which it allegedly refused, failed, and neglected to honor as a result for which Judge Sammy ruled in the last installment payment request that if it failed to honor the stipulation of paying 50% of the judgment amount on October 31, 2022, that court will be left with no other alternative but to enforce the judgment of November 23, A. D. 2021.

It is from this background that, this court ruled on the 16th day of May 16, 2023, mandating and ordering Respondent to pay the full judgment amount on or before June 10, 2023, or Respondent could be held in contempt for such failure.

It can be recalled that a Petition for Summary Proceedings to Recover Possession of Real Property was filed before the Civil Law Court on February 23, 2021, against Amb. Joseph Boakai, Standard-bearer of the opposition Unity Party, and all those in authority.

Subsequently, the court ruled on November 23, 2021, holding Unity Party liable and ordered the Sheriff to evict Unity Party and possess the petitioner, ordering that the Unity Party pay an arrear of $US180,000.00 and $US20,000.000 for wrongfully withholding said property.

The petitioner was placed in possession of the subject property and the key of said property was turned over to the petitioner. The Petitioner prayed the court for the issuance of the Writ of Execution for the payment of $US200, O00.00 as a result, the Respondent, Unity Party filed a petition for payment stipulation on June 14, 2022.

The Petition was heard by Her Hon. Nancy Finca Sammy Presiding Judge to pay 25% of the amount within a week as of August 16, 2022.

Again, a second ruling was made on October 19, 2022, by Judge Nancy Finda Sammy which states, “The Respondent Unity Party is mandated to pay the sum of $US100,375.00 representing 50% of the judgment amount on or before October 31, 2022, as well as the total sum of US$US500.00 representing costs of court.

Therefore, the balance of 50% of the judgment amount of US$100,3 75.00 should be paid on or before December 15, 2022, failure of the Respondent (UP) to make these payments in keeping with their own request shall leave the Court with no other alternative but to proceed with the execution in order to satisfy said judgment.”

As a result of the failure of Respondent Unity Party to honor the ruling of Judge Nancy Finda Sammy, the Petitioner filed a Bill of Information on May 3, 2023, informing the Court that UP has failed, refused, and neglected to pay the 50% of the judgment amount as mandated by Judge Nance Finda Sammy.

The court, on motion, may direct that books, papers, documents, or other things designated in a subpoena duces tecum be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence any may upon their production permit such books, papers, documents, or other things or portions or parts thereof to be examined and copies thereof to be made by the parties and their attorneys.

In the May 2023 judgment, the party was mandated to pay the judgment amount on June 10, 2023 otherwise all of the Executives of Respondent shall be held in contempt.

This Court further says that the ruling made on the 16 day of Vay 2023 is still in effect because Respondent has defaulted on its own stipulation submitted before this Court on several occasions. Therefore, the stipulation payment request made by Respondent Unity Party is hereby overruled and denied.

The Respondent Unity Party is hereby given again up to July 3, 2023to satisfy the full judgment amount which it failed to do leaving the court to issue a contempt charge against the party Standard Bearer of the Unity Party, the Chairman of the Unity Party, the Co-Chairman of the Unity Party, the Secretary General of the Unity Party and the Legal Counsels and Chairman on the steering committee without notice to them.

The court ordered they be brought before this court and show assets of Respondent Unity Party to be auctioned by this Court to satisfy the judgment amount or they will be incarcerated at the Monrovia Central Prison pending the satisfaction of the said judgment.

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