IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT (COMMERCIAL DIVISION)
ACCRA - A.D 2018
GN BANK LTD - (Plaintiff)
GANOYES SERVICES AND 2 OTHERS - (Defendants)
DATE: 24 TH APRIL, 2018
SUIT NO: CM/BFS/0103/17
JUDGES: GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
CELESTINE AFI SAPPOR FOR DENNIS OFOSU APPIAH FOR PLAINTIFF/RESPONDENT
ROLAND ATTA-KESSON HAMILTON FOR DEFENDANT/APPLICANT
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 1st 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 inconveniencing parties they are suing by initiating actions anywhere prefer.
In my view, in so far as all the Defendants reside in Cape Coast is even enough to justify the transfer of the suit. Having found that the transaction was also entered into in Cape Coast, I am of the considered opinion that this is a proper case for the court to report its pendency to the Chief Justice for transfer. Accordingly the suit is hereby referred to the Chief Justice for transfer of same to Cape Coast High Court, Commercial Division.
I make no order as to costs.