The Chief Justice (CJ), Kwasi Anin Yeboah has cautioned Magistrates and Judges to desist from issuing orders for the demolition of immovable properties when granting leave for Writ of Possession to enforce judgement for recovery of possession.
The CJ in a press release indicated his Office’s attention has been drawn to a “creeping practice by some trial courts ordering the demolition of immovable properties either as an independent relief or when granting leave for Writ of Possession to enforce judgement for recovery of possession.”
According to the CJ, the enforcement or execution of judgments which is regulated by Order 43, 44 and 45 of the High Court (Civil Procedure) Rules does not make provision for demolition as one of the methods for enforcing judgments.
“The rules only allow the Registrar/Sheriffs to execute a Writ of Possession and give vacant possession of the immovable property to the Judgement-Creditor. The demolition of any wanted structure on the land is the sole responsibility of the Judgement-Creditor and not the court”, the CJ indicated.
He therefore, requested Magistrates, Judges and Justices of the Higher Courts “to comply with the above rules of court and avoid granting orders not sanctioned by the Rules of Court such as orders for demolition.”
BY Gibril Abdul Razak