ABBAN J.A.: This is an appeal from the ruling of the High Court, Accra. The first defendant-appellant had applied to the High Court to have the writ of summons dismissed for having been issued out of the Accra registry instead of the High Court, Sekondi where the first defendant-appellant resides. There are two defendants, that is the first defendant-appellant and one Kojo Yakah who according to the plaintiffs resides at Akim Asene in the Eastern Region.
Thus by rule 1 (7) of High Court (Civil Procedure) (Amendment) Rules, 1977 (L.I. 1107) the action ought to have been commenced either in the High Court, Koforidua where the second defendant resides or in Sekondi where the first defendant has its registered office.
This is a running down case; and the accident occurred in the Eastern Region. In other words, the cause of action arose in the Eastern Region. It is obvious that the High Court, Accra was not the proper and convenient forum where the action ought to be brought. It could eithe…