GN BANK LTD V. GANOYES SERVICES AND 2 OTHERS

KOOMSON J.

This is an application for an order for transfer of suit to appropriate forum. I have read the application and the affidavits filed by the parties. I have also listened to both counsel for and in opposition to the application. Regard has been given to Order 3 of C.I. 47, 2004.

There is no dispute that the Defendants reside and carry on their business in Cape Coast. Although Plaintiff/Respondent is of the view that the transaction which gave rise to the present action was executed in Accra, I find the view of the Plaintiff/Respondent untenable as the application for the facility was done at the Cape Coast Branch of the Bank where the 1^st Defendant has its accounts. The fact that the approval of the facility was done at the headquarters of the bank in Accra, does not mean that the transaction was executed in Accra. In any case, the intendment of Order 3 of C.I. 47 rule 2 thereof is to prevent situations like this. That is to say, Order 3 rule 2 is to prevent Plaintiff from inco…