Martha I.O. Mogaji v. Tom Chan, Rosa Chan, TRC Trust, Nan King Restaurant, 2022 DNH 126 (2022)

Citation: Martha I.O. Mogaji v. Tom Chan, Rosa Chan, TRC Trust, Nan King Restaurant, 2022 DNH 126 (2022)
Parent Document: Martha I.O. Mogaji v. Tom Chan, Rosa Chan, TRC Trust, Nan King Restaurant, 2022 DNH 126 (2022)
Jurisdiction: New Hampshire (state)
Effective Date: 2022-10-07
Original Source: https://www.courtlistener.com/opinion/10697065/martha-io-mogaji-v-tom-chan-ro... ↗

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          Def. Exh. M. Presumably, Mrs. Mogaji was referring to the previous day’s events,
because the undisputed testimony is that Mrs. Mogaji was present on January 9, 2019, when the
sheriff delivered the premises to the Chans and the locks were changed.
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          Def. Exhs. N, O. The court is unpersuaded by Ms. Mogaji’s testimony that she made
no attempt to remove her possessions between November 14, 2018 and January 9, 2019 because
she was waiting for the result of her appeal of the court’s order vacating its own injunction.
Such testimony is not credible, in light of the fact that the legal process stemming from the
aborted January 15, 2019 move did not commence until after January 9. The legal landscape was
clear as of November 14, 2018--the Chans’ right to evict Ms. Mogaji was, by then, a legal
certainty. Ms. Mogaji is solely responsible for her subsequent inaction.
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II.    Rulings of Law

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