KABORE OIL LTD VS ISSAKA IDDRISA DIALLO
December 19, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP AKUA SARPOMAA AMOAH J. (MRS.)
Areas of Law
- Civil Procedure
December 19, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the Ghana High Court, Justice Akua Sarpomaa Amoah considered a motion by a defendant seeking transfer of a commercial suit. The plaintiffs Writ of Summons provided the defendants address in the Upper East Region, and the underlying property is situated in Saboro within that region. Applying Order 3 of the High Court Civil Procedure Rules, 2004 (CI 47), the court held that venue is determined by the defendants ordinary residence, not his current residence, contrary to the plaintiffs submission. On that basis, the motion to transfer was found deserving and granted. The court then reported to His Lordship the Chief Justice, requesting transfer of the case to the High Court (Commercial Division) in Bolgatanga, Upper East Region.
BY COURT
On the Plaintiff’s own showing, the property, the subject matter of this suit is located in Saboro in the Upper East Region of the Republic of Ghana. Secondly, the address provided for the Defendant by Plaintiff itself on its Writ of Summons confirms the Defendant’s contention that he is ordinarily resident in the Upper East Region.
In my view, for the purposes of Order 3 of the High Court Civil Procedure Rules, 2004, (CI 47), the address to be considered in determining the venue for commencement of a cause or matter in this Court is where the Defendant ordinarily resides and not where he currently resides as submitted by the Plaintiff. It is for this reason, that I find the Defendant’s Motion for Transfer of this suit deserving. It is accordingly granted as prayed. This Court accordingly reports to His Lordship the Chief Justice the pendency of the present suit before this Court and prays His Lordship at his discretion, to transfer same to the High Court (Commercial Division) Bolgatanga in the Upper East Region.
(SGD)
AKUA SARPOMAA AMOAH (MRS)
JUSTICE OF THE HIGH COURT