The Law Says: Sue A Man Where He Lives, Not Where You Want To Punish Him
A statement by Anthony Abayifaa Karbo, Campaign Strategist for Dr. Bawumia, that he intends to sue Rev. Isaac Owusu Bempah at Lawra over alleged false allegations made in Accra, raises a fundamental question
of Ghanaian civil procedure: Can you sue someone in Lawra when he lives, works and allegedly made the statement in Accra?
The short answer under Ghana law is No. And if you try, the case will be struck out or transferred on the application of the Defendant, with costs against you.
Here is what the laws and the courts say.
1. DEFAMATION IS SUED WHERE IT WAS PUBLISHED OR WHERE THE DEFENDANT LIVES
Rev. Owusu Bempah is domiciled in Accra. His church, Glorious Word Power Ministry International, is headquartered at Dansoman, Accra. Any alleged false allegation made by him on his pulpit or on media in Accra has its locus in Accra.
The governing law is the High Court (Civil Procedure) Rules, 2004 (C.I. 47) Order 3 Rule 1 – VENUE.
C.I. 47 Order 3 Rule 1 states:
Rule 1(4): Every cause for breach of contract shall be commenced where contract ought to be performed or where defendant resides or carries on business.
Rule 1(5): All other causes or matters shall be commenced in the Region in which the defendant resides or carries on business.
Defamation is an “all other cause” – a tort. It is not a land matter under Rule 1(1) which allows you to sue where the land is.
The Supreme Court has interpreted this in BOYE-DOE v. TEYE & ANOR [1982-83] GLR 1216 and REPUBLIC v. HIGH COURT, ACCRA; EX PARTE ANIN 2 GLR. The court held that venue is jurisdictional. You must sue where the defendant resides or where the cause of action – publication – arose.[1975]
If Rev. Owusu Bempah lives and “staged” – i.e., made the alleged statement – in Accra, the proper courts are Accra High Court or Accra Circuit Court. Not Lawra.
Lawra is in the Upper West Region. Lawra District Court and Wa Circuit Court have jurisdiction assigned by the Chief Justice under Courts Act, 1993 (Act 459) as amended by Courts (Amendment) Act, 2002 (Act 620) Sections 43 and 45. A Wa Circuit judge cannot exercise jurisdiction over a defendant in Accra for a cause of action that arose in Accra, unless the Chief Justice transfers it.
2. FORUM SHOPPING TO PUNISH A DEFENDANT IS ABUSE OF PROCESS
What you are describing – filing at Lawra to make him travel 700km to respond – is what the law calls forum shopping and abuse of process.
C.I. 47 Order 3 Rule 2 – Transfer of Proceedings provides the remedy:
Where a cause is commenced in a Region other than that in which it ought to have been commenced, it may continue unless (a) the defendant raises an objection before filing defence; or (b) the Court reports to the Chief Justice that it ought to be transferred and the Chief Justice orders transfer.
In practice, Owusu Bempah’s lawyers will not even travel to Lawra. They will file a Notice of Preliminary Objection to Jurisdiction under Order 3 Rule 2(1)(a), citing that the court in Lawra lacks geographical jurisdiction. The court is bound to uphold it.
Judicial Precedent: ASANTE v. MANAGER, GCB & ORS CC 86 – Justice must not be used to oppress. Suing a person far from his residence to inconvenience him is oppressive.[1970]
NANA KWAME v. GHANA COMMERCIAL BANK and REPUBLIC v. CIRCUIT COURT JUDGE, EX PARTE AMOAH – Where venue is wrongly laid, the proceedings are irregular and liable to be set aside.
3. THE DISTRICT COURT IN LAWRA HAS NO JURISDICTION
Under Courts Act, 1993 (Act 459) Section 43 as substituted by Act 620, District Court jurisdiction is limited to the district in its warrant.
A defamation claim involving a national figure like Rev. Owusu Bempah, with alleged reputational damage, will exceed GH¢20,000 and is beyond District Court civil limit. It must be High Court.
High Court venue is controlled by C.I. 47. Wa High Court can only hear matters where Order 3 allows Wa.
You cannot confer jurisdiction on Wa High Court by consent. The Supreme Court in KPEGA v. ATTORNEY-GENERAL (1976) and BOYEFIO v. NTHC PROPERTIES (1997-98) held: Jurisdiction goes to the root. Parties cannot confer jurisdiction where none exists. A judgment given without jurisdiction is a nullity, no matter how meritorious.
4. WHAT IS THE CORRECT WAY?
If Mr. Karbo believes he has been defamed:
Step 1: Issue Writ under C.I. 47 Order 2 at High Court, Accra.
Step 2: Venue under Order 3 Rule 1(5) – Accra, where Rev. Owusu Bempah resides and carries on business, and where publication allegedly occurred.
Step 3: Comply with Limitation Act, 1972 (NRCD 54) Section 2 – Defamation action must be brought within 2 years, and pre-action letter under Courts Act practice.
Filing in Lawra will achieve only two things: wasted filing fees, and a costs order against the Plaintiff when the case is struck out for want of territorial jurisdiction.
In Ghana, you sue a man at his home, not at your convenience. The law protects Rev. Owusu Bempah, and every Ghanaian, from being dragged across the country to answer a case that the law says belongs in Accra. Alexander Afriyie, supervising editor, Ghanacrimereport.com and ghanatalk.com