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YARO TRANSPORT AND ANOTHER
V.
AGYARE

(1987) JELR 66005 (HC)

High Court 1 Apr 1987 Ghana
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- The High Court upheld a jurisdictional objection, ruling that under Order 5, r. 1(6) (L.I. 1107), actions must be commenced in the region where defendants reside or carry on business; hence, the case was improperly initiated in the Easter

Case Details

Judges:ABAKAH J.
Counsel:POBEE FOR THE DEFENDANT-APPLICANTS; ABOAGYE DA COSTA FOR THE PLAINTIFF-RESPONDENT.
Other Citations:[1980] GLR 110

ABAKAH J.: This is a legal objection raised by Mr. Pobee, learned counsel for the defendants, under Order 5, r. 1 (6) as inserted by the High Court (Civil Procedure) (Amendment) Rules, 1977 (L.I. 1107), challenging the jurisdiction of this court to entertain this case, a running down case which emanated from Sagyimase, a town in the Eastern Region of Ghana. The objection does pray therefore that the case be dismissed.

In an affidavit in support of the motion which carries the objection it is deposed that the first defendants carry on business in Kumasi. A further affidavit filed by the defendants following the plaintiff’s affidavit in opposition to the objection, deposes that the second defendant and other witnesses are resident in Kumasi.

The affidavit in opposition states that the jurisdiction of the High Court is not created by statute, and that L.I. 1107 cannot override section 13 of the Courts Act, 1971 (Act 372). According to the affidavit Sagyimase is the place of the accident as…

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