The recent eviction involving the Congress for Democratic Change (CDC) has sparked nationwide debate, with many questioning whether the demolition of buildings during the process was lawful. Cllr. Tiawan Saye Gongloe, a seasoned lawyer and politician, has provided clarity on the legal framework surrounding writs of possession and the proper execution of court judgments.
What is a Writ of Possession?
A writ of possession is a court order that restores the rightful owner of land to possession of their property. It empowers court officers to remove occupants, their belongings, and, if necessary, to use force such as breaking locks or doors.
However, the writ does not authorize destruction of buildings or structures. Once judgment is rendered, any structures on the land become the legal property of the new owner—not the court or law enforcement.
Who Can Demolish?
Only the rightful owner has the authority to decide what happens to the structures. The court’s role ends once possession is restored.
This raises the key legal question in the CDC eviction:
If the owner hired the yellow machines that tore down the buildings, it was within their rights.
If court officers or police arranged the demolition, it was unlawful, as they exceeded their authority.
Legal Precedent
Liberian law offers a clear precedent. In the Togba Estate v. Goodridge case, the Estate reclaimed its land through a writ of possession, but the house standing on it remained untouched. The decision whether to demolish or preserve was left solely to the owner.
Law vs. Politics
Cllr. Gongloe stresses that this is not a political matter but a legal one. Execution of judgments is strictly governed by Liberia’s Civil Procedure Law and established court precedents.
Conclusion
The CDC eviction underscores an important principle:
Execution of judgment must follow the law—nothing more, nothing less.
The public debate highlights the need for strict adherence to legal processes and reinforces the rule of law as the foundation of justice in Liberia.
