By James T. Brooks
MONROVIA — The Civil Law Court for Montserrado County has ordered the estate of the late Martha Stubberfield Bernard to hand over 10 lots of land in Sinkor to Dr. C. Nelson Oniyama, finding that he fully paid US$132,000 for the property under a valid purchase agreement.
In a final ruling delivered Monday, Assigned Circuit Judge Nelson B. Chineh granted a petition for specific performance filed by Oniyama against the Bernard Estate and its administrator, Ebrima Dempster. Within moments, lawyers for the estate announced an appeal to the Supreme Court, suspending enforcement of the judgment pending review.
The dispute centers on 10 lots comprising about 4.23 acres on Tubman Boulevard, opposite Cuttington Graduate School in Sinkor. According to the ruling, Oniyama paid US$132,000 for the land and signed two memoranda of understanding with representatives of the estate setting out the terms of the sale. Despite receiving payment, the estate failed to transfer ownership, prompting Oniyama to seek relief from the court.
Specific performance is a remedy that compels a party to carry out its obligations under a contract rather than simply pay damages. Judge Chineh said the remedy applies where a binding contract exists, and monetary compensation would not provide adequate relief. He noted that the estate did not dispute receiving the money.
“The respondent acknowledged the receipt of US$132,000 for the stipulated ten lots of land and the execution of two Memoranda of Understanding detailing the terms and conditions of the purchase agreement,” the ruling stated.
After reviewing the documents and testimony, the court found the transaction valid and enforceable, holding that Oniyama had met his obligations by paying the agreed price and that the estate was bound to convey the land. The court ordered the respondents to execute and deliver a duly probated and registered deed transferring ownership.
“The Respondent is hereby ordered to perform their obligations under the Memoranda of Understanding executed by the parties on April 30, 2016, and Aug. 5, 2016, by conveying to the Petitioner the ten lots of land,” Judge Chineh ruled. The court also assessed costs against the estate.
Counsel for the estate formally excepted to the ruling and announced an appeal to the Supreme Court during its October Term, A.D. 2026. Judge Chineh noted the exception and granted the appeal as a matter of right, which suspends enforcement of the judgment until the appellate court rules.
The decision marks a significant win for Oniyama, who spent years trying to compel the estate to honor what the court found was a valid sale. With the case now bound for the Supreme Court, ownership of the Sinkor property remains unsettled in one of the latest high-profile land disputes to reach Liberia’s courts.
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