MABEL SRIM SIA VRS MR. ALPHONSE DOE (C5/02/2024) [2024] GHAHC 382 (4 December 2024)

1 04/12/2024 IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE HELD AT NKAWKAW – EASTERN REGION ON WEDNESDAY THE 4TH DAY OF DECEMBER 2024: BEFORE HER LADYSHIP JUSTICE CYNTHIA MARTINSON (MRS) (J) SUIT NO. C5/02/2024 MABEL SRIM SIA VERSUS MR. ALPHONSE DOE PARTIES: Plaintiff/Respondent present Defendant/Applicant absent LEGAL REPRESENTATION: Evelyn Arhinsah for Daniel Evans Dzam for the Defendant/Applicant present Alex Gyamfi for the Plaintiff/Respondent present 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 court for same to be referred to the Chief Justice for transfer purposes to the appropriate court in Accra. (SGD.) JUSTICE CYNTHIA MARTINSON (MRS) HIGH COURT JUDGE