ABOAGYE DA COSTA
V.
BOA AMPONSEM

(1987) JELR 65711 (HC)    
High Court  ·  27 Jul 1987 ·  Ghana
 · 
Other Citations
[1976] 2 GLR 190
CORAM
LUTTERODT J.
Editorial Summary
The defendant in this case sought to set aside the writ on the grounds that the writ was issued from a wrong Registry and should have been issued at the High Court in the Eastern Region. Under the High Court (Civil Procedure) (Amendment) Rules, 1977 (LI 1107) (Repealed), the law does not provide for what is to be done where a plaintiff draws the court’s attention by an application to the fact that the writ had been issued from the wrong registry. The learned judge was of the opinion that in spite of the fact that a writ has been issued from a wrong registry the court could go ahead and nevertheless try the cause or matter or even report the pendency of the suit to the Chief Justice. The learned judge held that to set aside the writ will mean the writ first had to be declared a nullity. She was in no position to declare the writ a nullity and hence opted to stay proceedings and write to the Chief Justice to help address the issue
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LUTTERODT, J.: In this motion, the defendant prays for the setting aside of the writ and its service thereon on him on the grounds that he, the defendant, lives and works in Asamankese and as such under the High Court (Civil Procedure) (Amendment) Rules, 1977 (LI 1107), the writ ought to have been issued in the Eastern Region, at the High Court, Koforidua to be specific. Counsel for the plaintiff has opposed the prayer for setting aside the writ and its service thereof. She is of the view that having regard to LI 1107 itself which does not provide for the striking out of a writ issued from the wrong registry, and also sections 14(a), 99 and 100(1) of the Courts Act, 1972 (Act 372), this case could be transferred upon the orders of the Chief Justice and consequently, the proper thing is to report the existence of this suit to the Chief Justice for a transfer to be ordered if the Chief Justice should so direct.

I have found that LI 1107 does not provide for what is to be done where a pla…

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