This ruling is in respect of an application for an order referring the instant suit to the Chief Justice for further directives on grounds of lack of geographical jurisdiction.
Counsel for the defendant/applicant herein contends that the action ought to have commenced against the defendant at where he resides or does business. He submits that the defendant resides and does business at Drobo in the Brong Ahafo Region and since there are High Courts in Sunyani, Brong Ahafo Region the action ought to have commenced there rather than in Kumasi, Ashanti. He refers to Order 3 of the High Court (Civil Procedure) Rules 2004 (CI 47) and invited the court to grant the application.
The Plaintiff/Respondent is opposed to the application. Counsel attacked the competence of the application since in his opinion failure to state the rule of law on the face of the motion paper makes the application void. He submitted that under Order 19 rule 4 the applicant is required to state on the face of the …