ESSUON V. KWAW

TWUMASI J.

Upon receipt of the writ of summons, the defendant herein caused his solicitor to enter a conditional appearance or appearance under protest. Thereafter, the solicitor filed a motion on notice praying this court for an order that: (a) the plaintiff’s statement of claim be set aside as being irregular and (b) the court has no jurisdiction to entertain the suit. Counsel argued only the second limb of the relief he sought. He referred to Order 5, r. 1 (6) and (8) of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), as substituted by the High Court (Civil Procedure) (Amendment) Rules, 1979 (L.I. 1107), and submitted that since the defendant in this case resides and carries on business in Kumasi, it is the High Court, Kumasi, which has jurisdiction over the matter and that the action has been instituted in the wrong court.

Counsel for the plaintiff conceded that Order 5, r. 1 (6) was applicable to the case since it requires that this action ought to have been instituted at…