[1987]DLHC690 • April 1, 1987 • High Court
YARO TRANSPORT AND ANOTHER vs. AGYARE
The case arose from a motor accident (running down case) that occurred in Sagyimase, Eastern Region. The first defendant operates a business in Kumasi, and the second defendant and witnesses reside in Kumasi. The accident was investigated by police in Kyebi and Anyinam, victims treated at Nkawkaw Holy Family Hospital, and a related criminal trial was held at the Circuit Court, Nkawkaw, involving the first defendant's driver.
read moreJUDGMENT OF ABAKAH J. This is a legal objection raised by Mr. Pobee, learned counsel for the defendants, under Order 5, r. 1 (6) as inserted by the High Court (Civil Procedure) (Amendment) Rules, 1977 (L.I. 1107), challenging the jurisdiction of this court to entertain this case, a running down case which emanated from Sagyimase, a town in the Eastern Region of Ghana. The objection does pray therefore that the case be dismissed. In an affidavit in support of the motion which carries the objection it is deposed that the first defendants carry on business in Kumasi. A further affidavit filed by the defendants following the plaintiff’s affidavit in opposition to the objection, deposes that the second defendant and other witnesses are resident in Kumasi. The affidavit in opposition states that the jurisdiction of the High Court is not created by statute, and that L.I. 1107 cannot override section 13 of the Courts Act, 1971 (Act 372). According to the affidavit Sagyimas.....