A lawyer at Lexkudoz Legal Consult, Veronica Frimpong says in property recovery and demolition, there is no need to seek additional order to remove existing structures on the property.

She explained that once the court has granted judgment and the order for recovery of possession the court is responsible for ensuring that all required documents, such as the writ of possession is filed, and proper notice is served.

According to the lawyer, the Supreme Court has stated that once all necessary processes have been followed and possession is recovered, the property legally belongs to the judgment creditor.

As such, there is no need for the new owner to seek an additional demolition permit from the Supreme Court but from the Municipal Assembly, the landed property is located.

“You have been given judgment to recover possession of the land because the land is yours. At least, after the court has assessed the evidence of both parties and has concluded and come to the determination that the land is supposed to be for party A who is the judgment creditor.”

“The court goes ahead to say, recover possession from the other party, the judgments debtor probably has possession because he is the one doing the construction on the property,” she said.

Mrs Frimpong highlighted that obtaining a court order for property recovery does not immediately grant possession.

She explained that the judgment creditor must follow specific procedures, such as filing an entry of judgment and a writ of possession, to claim the property legally.

Additionally, the legal practitioner said the process involves obtaining court permission, filing a notice of the writ of possession on occupants, and potentially notifying the police for assistance in physically claiming the property.

“There are processes that you will go through, you will get leave of the court. You file a notice of the writ of possession on persons who are occupations of the property. The law gives the processes that you have to go through.”

“I believe the Supreme Court is simply saying that you don’t need to come back to the court for further orders in order to deal with a property that has been declared to be yours and of which you have been asked to take possession of,” she said.