ACP ESTATES LTD. vs ENETA FARMS & ANOR.

This post-judgment application sought to set aside an order authorizing recovery of possession in favour of the 1st Defendant, made on 19 May 2021, in a dispute over land at Pokuase in the Greater Accra Region of Ghana. The earlier judgment had declared title for the Defendants, found the Plaintiff’s Land Certificate GA7963 unlawful to the extent it affected the 1st Defendant’s registered title, ordered cancellation of Land Certificate GA7863 at the Land Title Division of the Lands Commission, awarded damages for trespass, and granted a perpetual injunction; but it did not include recovery of possession. Emphasizing that recovery of land must be pursued on the strength of the claimant’s own title and that reliefs not pleaded cannot be granted absent amendment, the judge held the leave for a writ of possession to be a fundamental error and null and void. Nonetheless, because the possession order had been fully executed, the court was functus officio and dismissed the application, directing the Applicants to pursue the matter before the Adenta Court, with no order as to costs.