ORDER 5
VENUE AND TRANSFER
Venue of
proceedings
1.
This
rule is subject to section 104 of the Courts
Act, 1993 (Act 459) which empowers the Chief
Justice to transfer a suit from one Court to
another.
(1) A cause
or matter that relates to immovable property
or an interest in immovable property shall
be commenced in the magisterial district in
which the immovable property or part of it
is situated.
(2) A cause
or matter that relates to movable property
destrained or seized for a cause shall be
commenced in the magisterial district in
which the distraint or seizure takes place.
(3) A cause
or matter to recover penalty or forfeiture
against a public officer shall be commenced
in the magisterial district where the cause
of action arises.
(4) A cause
or matter for specific performance of a
contract or in respect of breach of
contract, shall be commenced in the
magisterial district in which the contract
ought to have been performed or in which the
defendant resides or carries on business.
(5) Any
other cause or matter shall be commenced in
the magistrate' district in which the
defendant resides or carries on business.
(6) Where
there are two or more defendants resident in
different magisterial districts the cause or
matter may be commenced in any of the
magisterial districts.
Transfer
of proceedings
2.
(1)
Where a cause or matter is commenced in a
magisterial district other than that in
which it ought to have been commenced under
rule 1, it may continue in the magisterial
district in which it is commenced unless
(a) the defendant raises an objection to
the jurisdiction before or at the time the .
plaintiff's case is
commenced, or
(b)
the Court reports to a Supervising Judge of the
High Court that in its opinion the .
.
proceedings ought to be transferred and the
Supervising Judge of the High Court .
. .
orders the transfer.
(2) Proceedings
taken before an objection is raised to the
jurisdiction as regards venue shall not be
affected by the objection, but if the Court is
satisfied that the objection is well founded,
the Court shall inform the Supervising Judge of
the High Court for the cause or matter to be
transferred to the magisterial district which
has jurisdiction and the Supervising Judge of
the High Court may make the order as that Judge
considers appropriate.
(3) Where two
actions on the same subject matter with
substantially the same parties are pending
simultaneously in two different District Courts,
the Magistrate of the Court where the action was
first filed shall in writing inform the
Supervising High Court Judge for the District of
the pendency of the matter in the different
District Courts.
(4) The
Supervising High Court Judge shall decide the
forum for trial and notify the registrars of the
two district Courts with instructions for them
to notify the parties concerned.
(5) The decision
of the Supervising High Court Judge is final.
(6) Despite
subrules (2) and (3), in an action for
maintenance, child custody, paternity or other
matrimonial cause or adoption commenced in the
Court contrary to subrule (1), the magistrate
before whom an objection is taken may for good
reasons stated, and with regard to all the
circumstances, assume jurisdiction over the
case.
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