Ray v. Bagi, C.A. No. JP16-20-000795

• Court: Court of Justice of Peace Court of Delaware
• Writing for the Court: Judge Dana M. Tracy
• Parties: MIKAHELA RAY, Defendant Below, Appellant, v. ANASI BAGI, Plaintiff Below, Appellee.
• Decision Date: 07 August 2020
• Docket Number: C.A. No. JP16-20-000795

MIKAHELA RAY, Defendant Below, Appellant,
v.
ANASI BAGI, Plaintiff Below, Appellee.

C.A. No. JP16-20-000795

JUSTICE OF THE PEACE COURT NO. 16 OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY

Written Order Issued: August 18, 2020
August 7, 2020

TRIAL DE NOVO

Submitted: August 7, 2020

Mikahela Ray, Defendant/Appellant, appeared pro se.
Anisa Bagi, Plaintiff/Appellee, appeared pro se.

ORDER

Murray, J
Tracy, J
Alston-Jackson, J

Page 2

A Three Judge Panel convened on August 7, 2020, acting as a special court pursuant to 25 Del. C. §5717(a).¹ This panel was comprised of the Honorable James A. Murray, the Honorable Dana M. Tracy and the Honorable Nicole Alston-Jackson. The Court held a trial De Novo² in reference to a Landlord Tenant Summary Possession petition filed by Anisa Bagi ("Plaintiff") against Mikahela Ray ("Defendant"). For the following reasons the Court enters Judgment for Plaintiff.

FACTUAL AND PROCEDURAL BACKGROUND

The Court has before it a Landlord Tenant Summary Possession petition filed by the Plaintiff seeking back rent and court costs. This action is based on the Defendant's alleged failure to pay rent.

Trial was held on February 24, 2020, and judgment was entered in favor of Plaintiff.³ Defendant filed a timely appeal of the Court's order pursuant to 25 Del. C. §5717(a). Accordingly, a trial de novo was scheduled and held.

PRE-TRIAL

Upon convening trial, Parties advised Defendant had vacated the rental unit and possession was no longer at issue. After exchanging receipts for paid rent, Parties agreed that Defendant only owed $40.00 for back rent. Whereas possession was no longer at issue, the Court proceeded to hear the appeal as a debt only case.

Page 3

TESTIMONY AND EVIDENCE

The following is the most pertinent testimony and evidence. The Court will not opine extensively as the Court announced its decision in open court.

Plaintiff testified Defendant owed back rent and monies for replacement of the rental unit's front entry door. She called two witnesses, each confirmed the door had been damaged and required repair. The estimate was $927.63.⁴ Damage was result of a Dover Police Officer (the Police) kicking in the door. Upon notification from the Police about the unsecure door, Plaintiff had the door screwed shut to secure the rental unit.

Defendant admitted that she owes $40.00 in rent arrears and is willing to pay Plaintiff immediately. She contests that she should be held responsible for any damage to the entry door. She acknowledged she...