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KWADWO OFORI
V.
I. K. FRAFRA AND ANOTHER

(2010) JELR 64672 (CA)

Court of Appeal 30 Jul 2010 Ghana
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- The case revolves around the interpretation of Order 3 rules 1 and 2 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), which dictate where a case should be commenced based on the nature of the case and the location of the parties

Case Details

Suit Number:CIVIL APPEAL NO. H1/18/2010
Judges:MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.

JUDGEMENT

F.G. KORBIEH, J.A.

It is provided in Order 3 rules 1 and 2 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) as follows:

“1. (1) Every cause or matter that relates to immovable property or any interest in it or for any damage to it shall be commenced in the Region in which the immovable property or any part of it is situated.
(2) Every cause or matter that relates to movable property distrained or seized for any cause shall be commenced in the Region in which the distraint or seizure takes place.
(3) Every cause or matter against a public officer to recover penalty or forfeiture shall be commenced in the Region where the cause of action arises.
(4) Every cause or matter for specific performance of a contract or in respect of breach of contract shall be commenced in the region in which the contract ought to have been performed or in which the defendant resides.
(5) All other causes or matters shall be commenced in the Region in which the defendant resides or carries on busin…

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