The Chief Justice of the Republic of Ghana; His Lordship Justice Anin Yeboah has bemoaned the demolition orders usually issued by magistrates, trial judges and justices of trial courts in Ghana.
In a four-paragraph circular issued on the 31st of May, 2021 to all magistrates, trial judges and justices of trial courts and signed by the chief Justice, he mentions the creeping practice and procedure by some trial courts ordering demolition of immovable properties either as independent relief or when granting leave for writ of possession to enforce judgment for recovery of possession.
According to the statement, orders 43, 44 and 45 of the High court (civil procedure) rules, C.I. 47 of 2004 do not provide for demolition as one of the methods of enforcing judgments
It ends by re-iterating the fact 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 a copy of the circular.