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THE CASE LIBRARY

Case Title

VOLDEN and Others v GHANA GOLDFIELDS LTD [1999-20001 I GLR 462 - 466

Case Principle
The creation of multiple courts within one region
Case Authority
Held, granting the application: the rationale for the creation of multiple High Courts within one region was to let the parties litigate in the High Court [pg 463] nearest to them and thereby save them time, energy and expenses. Accordingly, although no provision in the High Court (Civil Procedure) (Amendment) Rules, 1977 (Ll 1107) governed the situation where there was more than one High Court in a region with jurisdiction to hear a matter, and a defendant against whom an action had been brought in one High Court applied to that court to transfer the suit to the other, it was within the discretion of that High Court to determine the application. The test to be applied in each case was whether the defendant would suffer injustice if the action was heard in the court where he did not reside or carryon business. On the facts, it would be more expeditious, proper and convenient to have the suit heard at the High Court, Tarkwa since on the balance of hardship more hardship would be caused to the defendant than the plaintiffs, if the suit was heard in the High Court, Sekondi. Accordingly, a report would be made to the Chief Justice to exercise his power of transfer accordingly. Dictum of Sarkodee J in Ingos Construction Ltd. v Blackwood Hodge (Ghana)Ltd [1981] GLR 347 at 348­349 applied.