Yesterday the Sixth Judicial Circuit, Civil Law Court “B” of Judge Yamie Gbeisay handed down a ruling against the Church of Jesus Christ of Latter Day Saint, mandating the church to pay US$750,000 in damages for the wrongful withholding of Joseph V. Gaye’s property in the case involving the church and the interstate estate of Joseph V. Gaye, who filed an action of ejectment against the church on reliance of ownership of a 2.5 acres of land situated in Oldest Congo Town.
Judge Gbeisay upheld the decision of a unanimous verdict of the trial jury, and same was confirmed and affirmed.
The court maintained that the defendant is adjudged liable, and upheld the awarding of US$750,000 in damages for wrongful withholding of Gaye’s property,
According to the court, under the doctrine of superior title, when two grantees have the same grantor the first buyer prevails.
The court added that since Joseph V Gaye, plaintiff, established without challenge that it acquired the property in 1962, the court holds that the plaintiff has a superior deed.
The court also ordered the clerk to issue a writ of possession and have same placed in the hand of the sheriff to dispose the property from the defendant and allow the plaintiff, Joseph V Gaye, to repossess it.
It can be recalled that in 2018 the occupancy of the defendant of a 2.5 acres of land was challenged, and the defendant was mandated to cease all interferences or activities on the plaintiff’s property, but the defendant has failed to do so.