ALEX KWABENA SARPONG v. KOANS BUILDINGS SOLUTIONS

SOPHIA R. BERNASKO ESSAH (MRS) JA:

On the 20th of July 2018, the Land Court of the High court refused to grant an application at the instance of the Plaintiff/appellant (hereinafter referred to as Plaintiff) praying for an order for extension of time to validate the expired Writ of Possession.

It is this refusal which has caused the appellants to launch the present appeal on the following grounds:

a. That the learned judge misdirected himself by misconstruing Appellant’s motion for extension of time to renew his expired Writ of Possession as a Motion for leave for the issue of a fresh Writ of Possession.

Particulars of Misdirection

1. Relying on Order 44 Rule 3 (2) of CI 47 the learned judge dismissed Appellant’s motion by holding that the proper procedure to adopt in the event of Writ of Possession having expired is to apply for a fresh Writ of Possession and not to have the same renewed.

2. Further grounds may be filed with leave of the court on receipt of the ruling by the high court judge dated 20th July 2018

He seeks from this court

a. A reversal of the Ruling of the High court judge and cost of GH1,500 awarded against the Appellant.

b. An order allowing the renewal of the Writ of Possession of the Appellant.

No additional grounds were filed.

It is the plaintiff’s case that they sued defendant/respondent (hereinafter referred to as defendant) for the following reliefs:

a. Declaration of title

b. Recovery of Possession

c. Perpetual injunction against the defendant, his assigns, agents and workmen.

d. Damages for trespass

e. Costs

Defendant entered appearance but failed to file a defence. Consequently interlocutory judgment in default of defence was granted against the defendant. This was subsequently set aside upon application by the defendant and leave granted to defendant to file a defence.

The defendant thereafter failed to participate in the trial in spite of numerous hearing notices including witness statements of plaintiff and his witness served on the defendant.

On the 16th of June 2016, the high court, presided by his Lordship Justice S.H. Ocran entered final judgment against the defendant. Notice of entry of judgment was served on the defendant.

The defendant did not appeal against the judgment.

Upon application by the Plaintiff the court made an order for the issuance of Writ of Possession on 31st October 2016,and the Writ was issued on 24th November 2016. That, the order for Writ of Possession expired on 1st November 2