LOLA OFORI PEPRAH VS KOFI FRIMPONG PEPRAH
2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE CYNTHIA WIREDU (MRS.)
Areas of Law
- Civil Procedure
2023
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Cynthia Wiredu of the High Court considered an interlocutory application concerning the venue or jurisdiction of a pending civil suit. She noted that the applicant, who is also the respondent in the main action, works at the Bank of Ghana located across the street from the High Court, and concluded that keeping the matter in the current court would be more efficient and less disruptive than moving it to Adenta. The court emphasized the settled principle that jurisdiction is determined by the plaintiff’s claim or relief and referenced the Practical Guide to Civil Procedure in Ghana by Samuel Marful-Sau (page 5). The court refused the application, made no order as to costs, and directed that the suit proceed in the normal course before the High Court.
I have considered the application and considering the fact that the Applicant works with Bank of Ghana which is just across the street, the parties especially the Respondent/applicant is better of in this court than at Adenta. He is likely to take all of government’s time or his employer’s time if the suit should go to Adenta whiles he will be able to do some hours if the parties remain in this court. After all it is trite that jurisdiction is determined by plaintiff’s claim/relief. See page 5 of the Practical Guide to Civil Procedure in Ghana by Samuel Marful-Sau.
The application is refused.
No order as to cost.
Suit is to follow its normal course.
[SGD.]
H.L. JUSTICE CYNTHIA WIREDU (MRS.)
(JUSTICE OF THE HIGH COURT)