Court Freezes Land After Vendor Attempts to Re-Sell

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In 2021, Globalite, represented by Sahr A. Lebbie, purchased 275 acres of land from Patrick Tommy, located along the Bo-Tiama Highway, Gbaima Songa, Gbo Chiefdom. A sale agreement was executed pending the formal survey of the property.

A local surveyor was engaged, and a survey plan was prepared and signed by the relevant authorities and Patrick Tommy. However, in 2023, when Globalite sought to prepare the conveyance, the Office of the Regional Surveyor (South) was contracted to prepare an official site plan. This revealed that the surveyed land measured only 150 acres, not the 275 acres initially agreed upon.

Patrick Tommy was informed of the discrepancy and agreed to provide the remaining 110 acres from an adjoining parcel he also owned. The same surveyors were engaged to survey the additional land. However, upon completion, Patrick Tommy imposed new conditions; that Globalite purchase the additional land at a new price, with the original payment for the 110 acres refunded; that Globalite accept only 50 acres instead of the outstanding 110 acres, arguing that the surveyor responsible for the initial error had been engaged by the company.

Negotiations continued for several months, but Patrick Tommy later stated that he would not provide any further land, citing threats of legal action by Globalite. Subsequently, the company observed individuals working on the disputed land and was reliably informed that government ministers and other influential persons were purchasing portions of the land, with some parcels allegedly given as gifts to secure support for Patrick Tommy in potential litigation. Only 150 acres remained available in the area.

As a result, Globalite filed an action to recover the outstanding 110 acres and sought an interim injunction to restrain further sales. Patrick Tommy was duly served but failed to appear. A motion for default judgment was filed and served, and while the court granted the interim injunction, it declined to entertain the default judgment motion, directing that he be served again.

After being re-served, Patrick Tommy entered an appearance and filed a defence, claiming that the land under injunction did not belong to him. Although the defence was filed out of time and without leave of the court, both parties agreed to proceed to trial, setting aside the pending default judgment motion.

The court subsequently heard the substantive matter, and in 2024, the case was withdrawn for judgment, with the interim injunction still in place, effectively freezing the disputed land pending resolution.

 

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