SOCIAL AID GUILD OF GHANA vs. DASSAH AND ANOTHER [1988]DLHC683

Date	1988-06-28
Suit No.
Citation No.	[1988]DLHC683

BENIN J.

LUGUTERAH FOR THE APPLICANTS.

AZUMAH FOR THE RESPONDENTS.

[1988]DLHC683
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													<main id="main" class="content" style="min-height: 60rem" >SOCIAL AID GUILD OF GHANA <o:p></o:p>vs. <o:p></o:p>DASSAH AND ANOTHER<o:p></o:p>[HIGH COURT, TAMALE] <o:p></o:p>[1980] GLR 233<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
28
JUNE 1988<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

LUGUTERAH FOR THE APPLICANTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

BENIN J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF BENIN J.<o:p></o:p>The
plaintiffs took this action claiming damages from the defendants as owners of a
vehicle driven by their employee which got involved in an accident resulting in
injuries to the plaintiffs and damage to the second plaintiff’s vehicle. The
plaintiffs pleaded in relevant terms as follows in their statement of claim:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“3 The
defendant is the Social Aid Guild of Ghana, Accra and owner of Nissan Pick-up
No ARA 9248 which was involved in an accident on 1 April 1987 which at the
material time was being driven by Rev. Sister Christiana Boakye (now deceased)
who was an employee-servant-agent of the defendant with authority and/or
permission to drive Nissan Pick-up No ARA 9248. At the material time the said
Rev. Sister Christiana Boakye was driving the Nissan Pick-up in the course of
her employment with the defendant and was then resident at the Bole Catholic
Mission where she was stationed to carry out work for and on behalf of the
defendant.”<o:p></o:p><o:p>&nbsp;</o:p>The
defendants in their statement of defence pleaded by paragraphs 2 and 5 as
follows:<o:p></o:p>“2 The
defendant admits paragraph 3 of the statement of claim ... 5. The defendant
avers that by the provisions of the High Court (Civil Procedure) Rules, 1954
(L.N. 140A) the action should have been commenced in Accra as the defendant is
resident in the Greater Accra Region. Consequently at the summons for
directions the defendants will request the trial judge to report the pendency
of the suit to His Lordship the Chief Justice to have it transferred to Accra
for hearing and determination.”<o:p></o:p><o:p>&nbsp;</o:p>It is
this pleading contained in paragraph 5 of the statement of defence which has
occasioned this application. This application is under the provisions of Order
5, r.1 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), as
substituted by rule 1 of the High Court (Civil Procedure) Amendment) Rules,
1977 (L.I. 1107), which has the following relevant provisions:<o:p></o:p>“1. (1)
Every writ of summons shall be issued out of the Registry and shall, without
prejudice to the provisions of section 99 of the Courts Act, 1971 (Act 372), be
regulated in accordance with this rule. <o:p></o:p>(2) All
actions relating to land, or any mortgage or charge thereon or any other
interest therein or for any injury thereto, shall be commenced in the Region in
which the land or any part thereof is situated. <o:p></o:p>(3) All
actions relating to movable property distrained or seized for any cause shall
be commenced in the Region in which the distress or seizure took place. <o:p></o:p>(4) All
actions for recovery of a penalty or forfeiture, and all actions against public
officers, shall be commenced in the Region in which the cause of action arose. <o:p></o:p>(5) All
actions for the specific performance, or upon the breach, of any contract,
shall be commenced in the Region in which such contract ought to have been
performed or in which the defendant resides. <o:p></o:p>(6) All
other actions shall be commenced in the Region in which the defendant resides
or carries on busi</main>