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THEOPHILUS BARNABAS KOBINA ACQUAH & 10 ORS
V.
EFFUTU MUNICIPAL ASSEMBLY & 2 ORS

(2025) JELR 114629 (HC)

High Court 11 Sep 2025 Ghana
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- The 3rd Defendant applied for an order to transfer the land dispute suit from Agona Swedru High Court to the High Court, Winneba, arguing that the subject land, parties, and witnesses are closer to Winneba, thus making it the proper and c

Case Details

Suit Number:SUIT No.: CR/SD/HC/E1/17/25
Judges:FELIX DATSOMOR, J.
Counsel:JAMES KOFI AFEDO, ESQUIRE FOR PLAINTIFFS/RESPONDENTS PRESENT RAYMOND KNAPPS ENTSIWAH, ESQUIRE (HOLDING BRIEF FOR BENEDICT BOSU SIMPSON, ESQUIRE) FOR 1ST AND 2ND DEFENDANTS PRESENT JACOB ACQUAH-SAMPSON, ESQUIRE FOR 3RD DEFENDANT/APPLICANT ABSENT
Location:AGONA SWEDRU

RULING

[1] In this motion, the 3rd Defendant (Nii Simon Abbey) has applied to this Court for an order to have the suit transferred to the High Court, Winneba which he claims is the proper forum for the determination of the suit. The application was filed on 24th July 2025 and same was duly served on the other parties to the suit. However, it is only the Plaintiffs who responded to same by way of affidavit in opposition filed on 11th August 2025. Therefore, it goes without saying that the instant contest is between the 3rd Defendant (as the Applicant) and the Plaintiffs (as the Respondents).

[2] The facts that provoked the instant application as deposed to by the 3rd Defendant/Applicant are that the parties to this suit all reside and work within the Effutu Municipality, and that whereas the 1st Defendant is the Effutu Municipal Assembly, the 2nd Defendant is the former Municipal Chief Executive of the 1st Defendant. The 3rd Defendant/Applicant is said to be the Chief of Ansaful. The sui…

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