Ratio Decidendi



FRED KODIE AGENCIES LIMITED
V.
ASUMANA DROBO ALIAS WATARA

(2018) JELR 63807 (HC)    
High Court  ·  SUIT NO.OCC 55/2018 ·  17 Jul 2018 ·  Ghana
CORAM
DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
application
applicant
defendant
rule
order
counsel
ci
court
brong ahafo region
face of the motion paper
nature of the application
plaintiff
rules
action ought
affidavit
chief justice
competence of the application
contention
contract
fact
instant suit
merit of the application
rule of law
application void
civil procedure
facts
hanna assi
high court
high courts
legal issue
mere irregularity
modibo ocran jsc
non-compliance
opinion failure
opposing party
person
procedural rule
proceedings void
recognition of the flexible approach
requirements of these rules
respect of an application
respect of breach of contract
respect of time
sale of the poultry feed
specific performance of a contract
states
subject matter of the writ
supreme court
understanding of the provision
utmost respect

RULING

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 …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login