CIVIL PROCEDURE- EXECUTION OR ENFORCEMENT OF JUDGEMENT (PART 1)

Description

🎓 ENFORCEMENT OF JUDGMENTS IN GHANA *(Orders 43–47, High Court (Civil Procedure) Rules, 2004 – C.I. 47)* This lecture provides a clear and structured analysis of the legal mechanisms for enforcing judgments under Ghanaian civil procedure. It focuses on Orders 43 to 47 of C.I. 47, which collectively establish the framework through which successful litigants translate judgments into actual remedies. 🔹 **ORDER 43 — GENERAL METHODS OF ENFORCEMENT** A judgment creditor may enforce a judgment using several mechanisms, including: • Writ of fieri facias (fi.fa.) – seizure and sale of property • Garnishee proceedings – attachment of debts owed to the debtor • Charging orders – securing debts against property • Appointment of a receiver • Committal or sequestration (in cases of disobedience) These methods may be used cumulatively. Where the judgment involves payment to a person resident outside Ghana, payment must generally be made into court unless authorised by the Bank of Ghana. Judgments for possession of land are enforced by writ of possession (usually with leave), while delivery of goods is enforced through writs of delivery. Where a party refuses to comply with an order, the court may impose committal, sequestration, or even authorise another person to perform the act at the cost of the defaulting party. --- 🔹 **ORDER 44 — WRITS OF EXECUTION (GENERAL RULES)** A writ of execution includes fi.fa., possession, delivery, and sequestration. Execution binds the debtor’s property from the date of issue and extends to both movable and immovable assets, including beneficial interests. Execution against immovable property is secondary; movable assets must first be exhausted. Leave of court is required in specific cases, such as where more than six years have elapsed or where there is a change in parties. Writs are valid for 12 months and may be renewed. Execution is carried out by bailiffs under the supervision of the Registrar, ensuring accountability and procedural fairness. --- 🔹 **ORDER 45 — WRIT OF FIERI FA