What happens when a case is filed in a wrong judicial division?
Answers (1)
Sophia Acquaye
Jun 14 2023
In Ghana, Order 3 rule 2 of the High Court Civil Procedure Rules 2004, C. I 47 provides that when a case is filed in the wrong venue, it does not nullify the proceedings. The onus is on the defendant to raise an objection to the jurisdiction of the court to hear the case before or at the time required for the filing of the statement of defence. Where the court is satisfied with the objection, it will report to the Chief Justice that in its opinion the case should be transferred to the appropriate venue. The Chief Justice is the one with the authority to transfer the proceedings to another Court of competent jurisdiction. The proceedings that took place in the wrong venue is however not affected.
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