GN BANK LTD
V.
GANOYES SERVICES AND 2 OTHERS

(2018) JELR 65425 (HC)    
High Court  ·  SUIT NO. CM/BFS/0103/17 ·  24 Apr 2018 ·  Ghana
CORAM
GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
Core Terms Beta
application
accra
cape coast
order
transaction
chief justice
c.i.
defendants
parties
plaintiff
rule
transfer
view
accounts
actions
affidavits
approval of the facility
business
cape coast branch of the bank
cape coast high court
case
commercial division
considered opinion
costs
counsel
court
dispute
facility
fact
forum
headquarters of the bank
intendment of order
opposition
pendency
present action
proper case
regard
respondent
rise
situations
suit
transfer of suit
transfer of the suit
view of the plaintiff

This is an application for an order for transfer of suit to appropriate forum. I have read the application and the affidavits filed by the parties. I have also listened to both counsel for and in opposition to the application. Regard has been given to Order 3 of C.I. 47, 2004.

There is no dispute that the Defendants reside and carry on their business in Cape Coast. Although Plaintiff/Respondent is of the view that the transaction which gave rise to the present action was executed in Accra, I find the view of the Plaintiff/Respondent untenable as the application for the facility was done at the Cape Coast Branch of the Bank where the 1st Defendant has its accounts. The fact that the approval of the facility was done at the headquarters of the bank in Accra, does not mean that the transaction was executed in Accra. In any case, the intendment of Order 3 of C.I. 47 rule 2 thereof is to prevent situations like this. That is to say, Order 3 rule 2 is to prevent Plaintiff from inconveniencin…

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