MABEL SRIM SIA vs. MR. ALPHONSE DOE

RULING I have heard Counsel on both sides on their various contentions in respect of the Application for transfer of suit. I have also read through the affidavits from both sides. I am of the view that the writ was issued in the wrong venue having regard to Order 3 R 1 (4) of C. I. 47. The law is that, when a writ is issued in the wrong region and the Defendant raises an objection, the court is empowered under the rules to refer to the Chief Justice and have the matter referred to the appropriate region. See Aboagye Da Costa vrs. Boa Amponsem (1991) 1 GLR 190 HC. The fact before me is that the Defendant is resident in Accra; the address on the writ also attests to that fact. The rules are to guide the court and ought not be ignored as Counsel for the Respondent seeks to suggest. Irrespective of where the Plaintiff/Respondent resides, the rules direct her to issue the writ at where the Defendant/Applicant resides. I so uphold same. I hereby refer this suit to the Registrar of this ...