IROKO (ROK TV) AND ABDUL SALAM MUMUNI OF VENUS PRODUCTION FILMS, KUMASI vs. OBEF PRODUCTION LIMITED A. K. A. PERFECT ENTERTAINMENT

MARIAMA OWUSU, JSC: The issue for determination in this appeal is whether the High Court, Kumasi had jurisdiction to hear this suit. The trial court, Kumasi, ruled that it has jurisdiction to hear the matter. In his Ruling, the trial Judge held that: “On the evidence before me, I find that the defendants have an office in Kumasi where they operate their business. This is quite apart from the head office in Accra. Accordingly, it is my view that a court in Ashanti Region and for that matter, the Kumasi High Court has jurisdiction to hear this case. I will therefore dismiss the instant application and same is accordingly dismissed. There will be no order as to cost.” Dissatisfied with the decision of the High Court, the defendants mounted this appeal on the following grounds: a. The trial Judge did not avert his mind to the Rules regarding the venue and transfer of cases as spelt out in Order 3 of the High Court (Civil Procedure) Rules, 2004, C. I. 47 b. The trial Judge er...