Lawyers representing the interest of John Nelson, who is believed to be the Administrator of the late W. B. Blunt Estate, have filed an appeal to the Supreme Court against the Liberia Football Association (LFA).
According to court files, a portion of land allegedly illegally sold to the LFA by Lafayette Orishall Gould of the Alternative National Congress (ANC) remains questionable, as an appeal has been taken to the Supreme Court of Liberia.
The Hot Pepper has reliably learned that the portion of land in question has a warranty deed #: 243069, and is situated in Congo Town, Montserrado County, around the Boulevard Junction, behind the Total Gas Station.
The Sixth Judicial Circuit Civil Law Court recently ruled in favor of the LFA, but the Supreme Court is yet to affirm or deny the lower court’s decision.
The appeal emanates from an Action of Ejection, filed by the LFA, represented by and thru its President, Mustapha I. Raji, of the City of Monrovia, against several occupants on the land, to include Krubo and sons, Nancy John, Othello Thomas and Darlyn S. Kweegy.
In count 2 of the Action of Ejection, the LFA pointed out that it is the true and lawful owner of a 1.5 acres of land by virtue of a purchase from Lafayette Orishald Gould, for which a warranty deed was issued for the said parcel of land.
The Action of Ejection prompted the Estate of the late J. W. Blunt, represented by its Administrator, John E. Nelson, to file a motion to intervene on behalf of the defendants, but his intervention was resisted by a motion to strike by the LFA, and Judge Peabody ruled in favor of the LFA.
The Bill of Exception that has been filed to the Supreme Court, a copy of which is in the possession of this paper, indicated that Judge Kennedy Peabody “erred and committed error when he denied and dismissed the Intervener’s (John E. Nelson) motion to intervene for reason that the intervener is the lessor of the defendant in the main suit, meaning that the outcome of any judgment against the defendant will affect the property right of the Movant, thereby constituting a reversible error.
Lawyers representing John E. Nelson further pointed to another reversible error, citing the Supreme Court ruling in the case, Jawary vs. Waggy, 33LLR 17syl.3, (1985), which states, “The amendment of pleadings in a court has the effect of automatically withdrawing and substituting the original pleadings; hence, the original pleadings have no legal standing or effect on the case in court or to form a basis for determination.”
Nelson’s lawyers have expressed that Judge Peabody erred when he ruled and denied their client’s motion to intervene on the basis that, because Nelson withdrew and amended his motion the movant had lost his opportunity to seek intervention in the pending ejection action.
Meanwhile, the Supreme Court is yet to make any final determination.
