KORSI DZAKA v. EMMANUEL VORTEPE & ORS

This interlocutory appeal in the Ghana Court of Appeal concerns an intra-regional venue dispute arising from a defamation suit commenced in the High Court, Ho. The defendants, three residents of Dzodze and a business operating there, sought transfer to Denu or Sogakope, citing convenience, travel costs, court congestion, and workload distribution. The plaintiff countered that Ho, the Volta Region capital with three functional High Courts and better support services, afforded more expeditious hearings, and objected to the defendants’ supporting affidavit sworn by their lawyer under L.I. 613. Applying Order 3 Rule 1(5) of C.I. 47 and the transfer test recognized in General Portfolio v. GNPC, the appellate court held the defendants failed to provide evidence of costs or hardship and attempted to introduce distance data without leave and without accompanying cost estimates. It therefore affirmed the High Court’s refusal to transfer. However, the court allowed ground (d), holding that Rule 5(5) of L.I. 613 was inapplicable and that, under Order 20 rule 8(1)-(2), a lawyer’s affidavit in interlocutory proceedings may state information or belief with sources. Presiding Justice V. D. Ofoe and Justice Janapare Bartels Kodwo concurred.