ABOAGYE da COSTA V BOA AMPONSEM

JUDGMENT OF LUTTERODT, J. In this motion, the defendant prays for the setting aside of the writ and its service thereon on him on the grounds that he, the defendant, lives and works in Asamankese and as such under the High Court (Civil Procedure) (Amendment) Rules, 1977 (LI 1107), the writ ought to have been issued in the Eastern Region, at the High Court, Koforidua to be specific. Counsel for the plaintiff has opposed the prayer for setting aside the writ and its service thereof. She is of the view that having regard to LI 1107 itself which does not provide for the striking out of a writ issued from the wrong registry, and also sections 14(a), 99 and 100(1) of the Courts Act, 1972 (Act 372), this case could be transferred upon the orders of the Chief Justice and consequently, the proper thing is to report the existence of this suit to the Chief Justice for a transfer to be ordered if the Chief Justice should so direct. I have found that LI 1107 does not provide for what is to be...