MABEL SRIM SIA VRS MR. ALPHONSE DOE (C5/02/2024) [2024] GHAHC 382 (4 December 2024)

MABEL SRIM SIA VRS MR. ALPHONSE DOE (C5/02/2024) [2024] GHAHC 382 (4 December 2024)

The rules require that the writ be issued where the defendant resides. Since the defendant resides in Accra and the writ was issued in the wrong region, the suit must be transferred to the appropriate court in Accra.

Citation
MABEL SRIM SIA VRS MR. ALPHONSE DOE (C5/02/2024) [2024] GHAHC 382 (4 December 2024)
Parties
Plaintiff/respondent: Mabel Srim Sia; Defendant/applicant: Mr. Alphonse Doe
Court
ghahc
Jurisdiction
Ghana
Judgment Date
4 December 2024
Procedural Posture
Civil / Ruling on Application for Transfer of Suit
Outcome
Suit referred for transfer to appropriate court in Accra
Legal Topics
Venue of Suit, Transfer of Proceedings
Source Language
eng
Civil Procedure Venue of Suit Transfer of Proceedings

Case Brief

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Parties

Mabel Srim Sia

Plaintiff/respondent

Mr. Alphonse Doe

Defendant/applicant

Procedural Posture

Civil / Ruling on Application for Transfer of Suit

Legal Issues

  1. 1 Whether the suit was filed in the correct venue
  2. 2 Whether the suit should be transferred to the appropriate court

Ratio Decidendi

The rules require that the writ be issued where the defendant resides. Since the defendant resides in Accra and the writ was issued in the wrong region, the suit must be transferred to the appropriate court in Accra.

Court Disposition

Suit referred for transfer to appropriate court in Accra

Orders

  • Registrar to refer the suit to the Chief Justice for transfer to the appropriate court in Accra