I have listened to the submissions for and against the motion filed on 1 June, 2022 by the 2 Respondent/Applicant hereinafter called the Applicant. I have also listened to the submissions by both counsel. The Applicant/Respondent hereinafter called the Respondent initially filed an Originating Motion against the 1 Respondent and the Applicant herein before the High Court. The Applicant herein (Asuo Bomasadu Timber and Sawmills Ltd) filed a motion to have the Respondent initial Originating Motion referred to the Chief Justice to determine the forum convenience. The judge agreed with the present Applicant in respect of the motion and referred the matter to the Chief Justice to determine the forum convenience.
Under Order 3 Rule 2 of C.I 47, such right is open to a Defendant or Respondent before filing his defence or affidavit in opposition.
Once the Defendant raises an objection to the geographical jurisdiction of the court, the jurisdiction of the court is ousted and it…