Africa-Press – Liberia. Banjak Frozen Food Incorporated, a Monrovia-based frozen food company, has been found liable for breaching a lease agreement with its landlord, Mr. Junior Abu Gaye, a resident of Bahn City in Nimba County. The company has been ordered by the court to pay $30,000 in general damages.
The judgment was handed down recently by Resident Circuit Judge Pape Suah of the 8th Judicial Circuit Court in Sanniquellie, Nimba County.
The case stemmed from a lawsuit filed by Mr. Junior Abu Gaye on February 21, 2025, accusing the company of violating the terms of a legally binding lease agreement.
According to court documents, the two parties entered into a 25-year lease agreement in January 2014 for a parcel of land located in Bahn City, Nimba County.
The terms of the agreement require Banjak Frozen Food Incorporated to construct a concrete flat-top building on the property to serve as a cold storage facility.
As part of the arrangement, the agreement stipulated that Mr. Gaye would have access to the upper floor of the structure for his own use, while the company operated the lower floor for business purposes.
However, Mr. Gaye alleged that Banjak Frozen Food Incorporated breached the contract by erecting a substandard and misshapen structure without his knowledge or consent.
He further stated that the company honored only five years of lease payments before defaulting on its contractual obligations, prompting him to seek legal redress.
In addition to the poor construction, Mr. Gaye complained that the company installed a defective septic tank beyond the leased property line, posing a serious health risk to surrounding communities.
He told the court that despite several attempts to engage the company to rectify the violations, all efforts proved unsuccessful, leaving him with no alternative but to take legal action.
In his lawsuit, Mr. Gaye requested that the court cancel the lease agreement, hold the company liable for breach of contract, and award him $30,000 in damages for emotional distress and financial loss.
During the proceedings, Judge Pape Suah noted that the court’s primary responsibility was to examine two key legal issues before reaching a verdict.
The first issue, he said, was whether a default judgment could be entered against a defendant who fails to appear in court or respond to the summons.
The second issue was whether the plaintiff’s claims were proven by a preponderance of evidence, as required under Liberian civil law.
After reviewing the case, Judge Suah concluded that Banjak Frozen Food Incorporated failed to appear, plead, or defend itself at trial, despite being duly served with all court documents.
Citing Chapter 42, Subchapter 42.1 of the Civil Procedure Law of Liberia, the judge ruled that the court was legally empowered to render a default judgment in favor of the plaintiff under such circumstances.
Judge Suah also referenced the Supreme Court of Liberia’s decision in A. Hejazi Corporation v. Zoe and The Liberian American Insurance Company (38 LLR, Pages 61, Syl. 12 & 13), decided on July 27, 1995, which sets a legal precedent for similar cases.
Based on these findings, the court declared Banjak Frozen Food Incorporated liable for breaching the lease agreement and ordered the company to pay $30,000 in general damages to Mr. Junior Abu Gaye.
Finally, Judge Suah instructed the clerk of court to prepare the bill of costs for taxation and ensure full compliance with the judgment in accordance with Liberian law.
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