His Lordship Chief Justice Anin Yeboah has expressed dissatisfaction over demolition orders usually issued by magistrates, trial judges and justices of trial courts in the country.
According to the Chief Justice, orders 43, 44 and 45 of the High court (civil procedure) rules, C.I. 47 of 2004 are usually used as either an independent relief or when granting leave for writ of possession to enforce judgment for recovery of possession.
The Chief Justice in a circular issued on Monday, May 31, 2021, to magistrates, trial judges and justices of trial courts across the country, cautioned against the further use of orders 43, 44 and 45 of the High court (civil procedure) rules, C.I. 47 of 2004, used in enforcing the demolition of immovable property, asserting that the orders do not provide for demolition as one of the methods of enforcing judgments when granting leave for writ of possession for recovery of possession.
Adding that, the demolition of any unwanted structure on the land is not the responsibility of the court but the sole duty of the judgment – creditor.
Attached is the circular for your perusal:
