-in Lease Dispute
By Shallon S. Gonlor | shallonsgonlor@gmail.com
NIMBA COUNTY, Liberia — A Liberian court has ruled against Banjak Incorporated, a frozen food company based in Monrovia, Liberia, ordering the company to pay $30,000 US in damages for breaching a contract with its landlord, Mr. Junior Abu Gaye of Bahn City, Nimba County. Nimba County’s 8th Judicial Circuit Court Resident Circuit Judge, Pape Suah, handed down the final judgment on Thursday, October 23, 2025. Mr. Junior Abu Gaye filed a lawsuit against Banjak Incorporated on February 21, 2025, alleging a breach of contract.
According to the complaint, Mr. Gaye and the company entered into a 25-year lease agreement in January 2014 for a property in Bahn City, Nimba County, Liberia. The agreement included a provision for Banjak Incorporated to build a concrete flat-top structure on the property for a cold storage business, with Mr. Gaye having use of the upper part of the building. However, Mr. Gaye alleged that the company breached the agreement by constructing a substandard and misshapen structure without consulting him. The company had paid for the first five years of the lease. Mr. Gaye is seeking $30,000 in damages for the alleged breach.
Mr. Junior Abu Gaye further alleged that Banjak Incorporated built a substandard and misshapen septic tank beyond the leased property, posing a health hazard to the community. Despite efforts to get the company to comply with the lease agreement, Mr. Gaye claimed that all attempts were unsuccessful.
Seeking relief, Mr. Gaye approached the court, requesting that the company be held liable for breaching the agreement, the lease be canceled, and he be awarded $30,000 in damages for the frustration and mental anguish caused by the company’s actions.
During the ruling, Judge Pape Suah stated that after careful consideration of the evidence and witness testimonies, two key issues of law needed to be determined. Judge Suah identified whether a default judgment is applicable when the defendant fails to appear and whether the complainant has proven their case against the defendant by a preponderance of evidence. The court ultimately rendered a default judgment against Banjak Incorporated, citing Chapter 42, Subchapter 42.1 of Liberia’s Civil Procedure Law.
Judge Suah quoted the relevant provision: “If a defendant has failed to appear, plead, or proceed to trial, the plaintiff may seek a default judgment.”
Judge Suah’s default judgment emphasized that the plaintiff’s request was sound and in line with the law, given the defendant’s failure to appear in court despite efforts to notify them. The court found that the complainant’s production of oral and documentary evidence made the case for default judgment.
The court determined that Mr. Junior Abu Gaye had proven his case by a preponderance of evidence, based on the records and testimony presented.
Mr. Gaye testified that he and the company had entered into a lease agreement, which included a provision for the company to build a flat-top structure on the property “according to his convenience.” However, the company breached this provision by constructing a substandard and misshapen house on the leased property. The court noted that Mr. Gaye’s testimony, which was not rebutted or denied by the company, was a crucial consideration.
Citing 1LCLR Chapter 25, Subchapter 25.5 on Burden of Proof, the court emphasized that the burden of proof lies with the party alleging a fact. When a negative averment is involved and the facts lie peculiarly within the knowledge of the other party, the averment is taken as true unless disproved. The court quoted the relevant provision: “It is sufficient if the party who has the burden of proof establishes his allegations by a preponderance of the evidence.” The court then referenced the lease agreement, specifically quoting the first count: “That for and in consideration of the rents, stipulations and covenants… the Lessor hereby grants, demises, leases and conveys to the Lessee a described piece of land…”
The court ruled that Mr. Junior Abu Gaye’s assertions regarding the lease agreement, which were not denied by the defendant, were sufficient to establish his case by a preponderance of evidence. Consequently, the court found that damages for breach of contract were warranted. Judge Pape Suah cited a relevant precedent from the Honorable Supreme Court of Liberia in the case of A. Hejazi Corporation v. Zoe and The Liberian American Insurance Company (38 LLR, Page 61, Syl. 12 & 13), which was heard on April 17, 1995, and decided on July 27, 1995.
The court delivered its verdict, stating: “WHEREFORE and in view of the foregoing, facts, circumstances, and the law cited herein above, it is the holding of this honorable Court that the Plaintiff having proven its case as to the defendant’s wrongful act committed against him for which he suffered mental anguish and frustration, the defendant is hereby adjudged liable to Plaintiff in the amount of $30,000 USD as general damages prayed for and contained in the Plaintiff’s complaint. The costs of these proceedings are hereby ruled against the defendant.” Judge Suah ordered the clerk of court to prepare the necessary bill of costs to be taxed and directed that the management of Banjak Incorporated pay the awarded amount of $30,000 in general damages, as per the law.
