AGBEMAKPOR v. DATSOMOR

In the High Court at Ho, Acquah J addressed an ex parte application by David Kofi Togobo seeking a writ of possession after he had succeeded on appeal against a District Court Grade II decision from Anloga. Togobo had sued Kwami Kusaga Datsomor over the Tsotso Dzi Farmland at Gbakute/Anloga, delineated by boundaries including the properties of Shimatsonu and Gbewordi Goku, the Anloga Durbar grounds, and the Anloga Lagoon. The district court dismissed Togobo’s claim and awarded Datsomor a third share, but on 18 October 1990, the High Court set aside that judgment and declared title in Togobo’s family. In his subsequent motion, Togobo sought possession, asserting the defendant would not vacate without compulsion. The court held that Order 47, r.1 of the High Court (Civil Procedure) Rules authorizes writs of possession only where the court’s judgment expressly orders recovery or delivery up of possession. Citing Mosi v. Bagyina, the court emphasized that, in appellate proceedings, writs issue only if the appellate court itself orders possession. Because the appellate judgment declared title but did not order possession—and possession was not sought below—the application was incompetent and dismissed without costs.