MONROVIA – A United States of America-based Liberian, Mr. J. Arnold Kandakai, through his Attorney-in-Fact, Reginald T. A. Bright, has filed a Petition for the Removal of Cloud over title deed against former Vice President Joseph Nyuma Boakai for a 21-acre parcel of land situated in the Township of Caldwell, Montserrado County, which he claimed the former Vice President illegally made himself a co-owner of a parcel of the land he (Kandakai) bought through Mr. Boakai for which he (Boakai) was paid a commission for the job.
In the court papers seen by The Analyst from the case filed at the Sixth Circuit Court (Civil Court) of Monrovia, Montserrado County before Judge Kennedy Peabody and docketed for the March term of court, the petitioner, J. Arnold Kandakai, introduced himself and provided insight of his case involving a law abiding Liberian citizen resident in the United States of America who,in order to protect and defend his interest in Liberia while residing elsewhere on December 22, 2020 appointed Mr. Reginald TA Bright, a resident of City of Monrovia, as Attorney In Fact. Among the court records was a copy of the power of attorney which was marked as exhibit “P/1” to form a cogent and integral part of his complaint.
“Petitioner submits and avers that he is the owner of twenty one (21) acres of land, lying situated and located in Caldwell Township, Montserrado County, Republic of Liberia, adjacent to the Taylor Major Compound, as a result of genuine purchase from Mr. Joe Young via respondent hereinabove who at the time of purchased, acted as petitioner’s representative/agent for which he was compensated through whom the amount of USD8,500 constituting purchase price excluding the surveying, probation and recording cost at the national archives.
“Further to count one (1), petitioners says and avers that upon receipt of the above mentioned amount, the within named respondent instead of insuring the title deed was issued in petitioner’s name, instructed the surveyor and Mr. Joe Young the grantor to issue said title deed in the names of both petitioner and respondent, thus making respondent co-owner of said property (21 acres of land); and upon realization by petitioner, during inquiry, respondent assured petitioner that same was an error and that he (Respondent Joseph N. Boakai, Sr) would have corrected same since December of 1994, long before the probation of said deed in 1995, but this respondent grossly failed, neglected and refused to do so, despite several appeals to include the 2018 communication (letter) that was served on him as a further reminder for the correction of the title deed to be changed solely and wholly in the name of petitioner, this he again failed to do, up to and including the time of filing of this petition. A copy of said title deed and the communication of 2016 are hereto attached marked as exhibit “p/2” in bulk to form a cogent and integral part of this petition.
“In furtherance of respondent’s nefarious, malicious, diabolical, wicked and ungodly and devilish act against the peaceful person of petitioner, with consent of respondent sometimes in December of 2022, a titled deed was drafted to be signed by respondent thus transferring title to petitioner, but again respondent with his usual tactics refused to sign same simply because respondent had without the knowledge and consent of the petitioner unilaterally sold several positions of the said parcel of land to individuals who have erected dwelling structures thereon to the detriment of petitioner for which petitioner is unable to develop and enjoy his rights as enshrined in the 1986 constitution of Liberia.
“That further to the above counts, petitioner submits and says that the willful, illegal and unlawful act of the respondent by the issuance of the title deed that made him co-owner of the parcel of land for which petitioner paid USD8,500.00 without a cent from respondent and not petitioner as sole owner, has brought untold hardship, mental anguish, family ridicule and disgrace as the family is in total disarray for which petitioner prays this Honorable court to declare his rights over said parcel of land, by ordering respondent to issue a title deed that will wholly and solely make petitioner the legitimate owner of the 21 acres of land, subject of these litigation, thus restoring petitioner’s property rights as enshrined in the 1986 constitution of Liberia. Hence, the petition for removal of cloud over title deed”, part of the petition read.
According to the court documents, Kandakai said he was giving notice that “he shall produce additional documentary evidence and witnesses through Writs of Subpoena(s) when necessary during trial”.
Having made the claims, Kandakai then made a request before his honor Judge Kennedy who is handling the case as a way of seeking justice through the court.
“Grant the petition and adjudge the respondent liable to petitioner by the removal of cloud (name of respondent Joseph Nyuma Boakai) from the 21 acres land deed from Joe Young to Joseph Nyuma Boakai and J. Arnold Kandakai, to thereafter read from Joe Young to J. Arnold Kandakai, the name of the petitioner; rule the costs of these proceedings against the respondent; and grant unto your humble servants any and all further interest as seemeth just, legal and equitable in the premise”, the court papers read.
Meanwhile in the Writ of Summon issued VP Boakai, a copy of which was sighted by The Analyst, “you are hereby commanded to summon the above name respondent(s)/defendant(s) in the above entitled cause of action to appear before the March term AD 2023 same being the same being the 20th Day of March AD 2023 at the hour of 10 am”.
“You are further ordered to summons the respondent(s) defendant(s) herein to file his/her returns (s) to the petitioner(s) plaintiff(s) petition complaints on/or before the 22nd day of April AD 2023, failure to do so, default judgment will be rendered against him/her”, the writ said.
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