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Judge Kaba Reserves Ruling In E.J. Roye Building Case
Date Uploaded: Apr 28, 2017

Temple Of Justice

 

Judge Kaba Reserves Ruling In E.J. Roye Building Case

By Ballah M. Kollie

MONROVIA, April 27 (LINA) – Judge Yussuf D. Kaba of the Civil Law Court has reserved ruling in a motion for Declaratory Judgment filed by some individuals calling themselves “Concerned Partisans” of the True Whig Party against the Government of Liberia. 

The motion is against government’s alleged seizure, illegal eviction of occupants and its occupation of  the party’s E.J. Roye headquarters under the pretext of enforcing PRC decree #11 of April 12, 1980.

Responding, government lawyers headed by Justice Minister Frederick Cherue argued that among other things, the petitioners, the “Concerned partisans”, lack the jurisdiction to sue the government.

The Government team therefore asked the court to dismiss the motion on grounds that the “Concerned” individuals do not have the right to sue government on behalf of a political institution which many Liberians know to be one of the,oldest political establishments in the nation’s history.

But the Counsel for the Petitioner, the “Concerned partisans”,  told the court that the True Whig Party is a registered political party operating under the laws of Liberia and that they have filed for declaratory Judgment against the government for illegally driving out, seizing and occupying petitioners’ party as if the property belongs to them (Concern partisans).

Their counsel also argued that government has not produced any legal instrument contradicting the ownership of the E.J. Roye building by the True Whig party, nor has government shown any title of sale.

During the argument, Judge Kaba asked whether the PRC Decree is not in the form of legislation, adding, “I thought you would have said that this court lacks the jurisdiction to hear this matter.”

He also asked the counsel for the movant why they came under the banner of “concerned partisans” instead of the legal and proper authority having the legitimacy to sue on behalf of the party.

Judge Kaba then announced that he will reserve ruling subject to the assignment of the case.

LINA BMK/TSS/PTK

 

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