ROSE GORDON vs. COMET PRO0PERTIES

RULING MOTION FOR STAY OF PROCEEDINGS AND RECOMMENDATION FOR TRANSFER OF CASE It is provided in Order 3 r 1(1) of the High Court (Civil Procedure) Rules, 2004 (CI 47): 1. (1) Every cause or matter that relates to immovable property or any interest in it or for any damage to it shall be commenced in the Region in which the immovable property or any part of it is situated. Taking advantage of the provision of the law, the defendant/applicant seeks per its motion filed in this court on 01/02/13, an order to stay proceedings in this suit and to recommend to the Chief Justice for its transfer to the appropriate venue. Arguing the application, learned Counsel for the defendant/applicant referred the court to Order 3 r 1(1) of CI 47 and submitted most forcefully that the land, the subject matter of this suit is at Berekuso in the Eastern Region of Ghana, therefore the Plaintiff should have instituted the action in either Koforidua or in the Eastern Region. ...