Agnes Ahadzi & Another Vrs - Nii Adjei Kwanko [2023] GHACA 69 (23 March 2023)

Agnes Ahadzi & Another Vrs - Nii Adjei Kwanko [2023] GHACA 69 (23 March 2023)

The court held that since the appellants did not specifically claim recovery of possession in their writ and did not amend their reliefs after judgment, the trial judge was correct in setting aside the writ of possession. The court cannot grant reliefs not pleaded or amend writs suo motu; recovery of possession must be expressly sought and decreed. The appeal was dismissed entirely.

Citation
Agnes Ahadzi & Another Vrs - Nii Adjei Kwanko [2023] GHACA 69 (23 March 2023)
Parties
Plaintiffs/appellants: Mrs. Agnes Ahadzi & anor; 3rd Defendant/respondent: Nii Adjei Kwanko
Court
ghaca
Jurisdiction
Ghana
Judgment Date
23 March 2023
Procedural Posture
Civil Appeal / Appeal From High Court Ruling on Writ of Possession
Outcome
Appeal dismissed
Legal Topics
Recovery of Possession, Declaratory Relief, Perpetual Injunction, Capacity to Sue, Execution of Judgment
Source Language
eng
Property Law Civil Procedure Recovery of Possession Declaratory Relief Perpetual Injunction Capacity to Sue Execution of Judgment

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Parties

Mrs. Agnes Ahadzi & anor

Plaintiffs/appellants

Nii Adjei Kwanko

3rd Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Ruling on Writ of Possession

Legal Issues

  1. 1 Whether writ of possession can be issued when recovery of possession was not claimed as relief
  2. 2 Whether 3rd Defendant had locus after being non-suited
  3. 3 Whether court can grant relief not specifically pleaded

Ratio Decidendi

The court held that since the appellants did not specifically claim recovery of possession in their writ and did not amend their reliefs after judgment, the trial judge was correct in setting aside the writ of possession. The court cannot grant reliefs not pleaded or amend writs suo motu; recovery of possession must be expressly sought and decreed. The appeal was dismissed entirely.

Court Disposition

Appeal dismissed

Orders

  • Writ of possession set aside
  • Cost of GH₵5,000 awarded to 3rd Defendant/Respondent