[2018]DLCA9936 • February 6, 2018 • Court of Appeal
KWADWO OPOKU & ANOTHER vs. ERIC KOFI BOATENG
The plaintiffs entered into a lease agreement with the defendant for the development of a property at Block 39, Plot 1, Ahodwo, Kumasi, for 35 years. The plaintiffs alleged breach of this lease agreement and sought recovery of the land and building, an order for accounts, general damages, and costs. The defendant challenged the jurisdiction of the Commercial Court to hear the matter, arguing it related to land and not commerce.
read moreThis ruling seeks to determine the merits of the preliminary legal objection challenging the jurisdiction of the Commercial Court from hearing an application for an order appointing a receiver under Order 27(1) of the High Court (Civil Procedure) Rules, 2004 (CI 47) and for an ancillary injunction order under Order 27(2) of CI 47. The issue of “whether or not the suit has been commenced in the proper forum” is one of the issues set out for trial. The court,however, decided to hear and determine this preliminary legal issue in a bid to ensure speedy and effective justice as required by Order 1 rule 1(2) of CI 47. This is coupled with the fact that the issue of jurisdiction of the court can be raised at any time. See Republic v High Court Denu, Ex-parte Avadali IV [1993/94] 1GLR 561 at 562 (holding 1). I have carefully considered the arguments advanced by both counsel. While counsel for the defendant/respondent argues that the commercial court has no jurisdiction to entertain the m...