AGBEMAKPOR vs. DATSOMOR

The applicant, who had succeeded on appeal in the High Court against the judgment of the District Court Grade II, Anloga, sought ex parte leave for a writ of possession to recover land in respect of which the High Court had earlier entered judgment in his favour for declaration of title and ownership. In the original suit, the plaintiff had claimed declaration of title and ownership to farmland known as 'Tsotso Dzi Farmland' and damages; the defendant counterclaimed for title, general damages and perpetual injunction. The District Court dismissed the plaintiff’s claim and entered judgment for the defendant on the counterclaim for a one-third share of the land. On appeal, the High Court set aside that judgment and entered judgment for the plaintiff for declaration of title and ownership of his family to the land in dispute. The applicant then contended that the respondent remained in possession and would not yield possession unless compelled by court order, and therefore sought a writ of possession. Portion of judgment indicating facts: “The applicant took out a writ of summons at the District Court Grade II, Anloga against Kwami Kusaga Datsomor... claiming: a. ‘The plaintiff’s claim against the defendant is for a declaration of title and ownership... b. ¢25,000 damages in lieu thereof.’ Kwami Kusaga Datsomor also counterclaimed for title, general damages and perpetual injunction.” Also: “Following the above judgment the applicant has filed the instant application supported by an affidavit...”