THE NEW AGE OF CORPORATE GOVERNANCE IN GHANA: A STEP BEYOND MERE COMPLIANCE WITH STATUTORY PROVISIONS • By Bobby Banson, ESq ACIArb

October 3, 2018

INTRODUCTION Everyday, new Companies are registered at the Registrar General’s Department of Ghana. Statics available at the time of writing this paper revealed that as at date, over One million companies have been issued with Certificates to Commence Business by the Registrar General’s Department. The reason for the popularity in the registration of Companies cannot be far-fetched. For many persons, registering a Company is a step to achieving a life-long dream. For many a person, a company serves as the only vehicle for achieving his or vision in life and provides an avenue for leaving a legacy. Under Ghanaian law, A Company could be registered as a limited liability Company, an unlimited Company or a Company Limited by Guarantee. A company registered as any of the above, could also be a Public Company which may be listed on the Ghana Stock Exchange or a Private Company with a limited membership of up to 50[2]. A company is defined by the Black Laws Dictionary as a “A society or association of persons, in considerable number, interested in a common object, and uniting themselves for the prosecution of some commercial or industrial undertaking, or other legitimate business”. [1] The Author is the lead Consultant of Smith & Adelaide Law, Labone-Accra, a Boutique Law firm specialized in of Corporate Governance Consulting. [2] Section 9 of the Companies Code, 1963, Act 179   Generally, Companies are required to have its Owners (Shareholders or Members) and its Directors. Most Companies also have a third tier structure which is referred to as the Management of the Company. Research has shown that for a Company to thrive and perform effectively, there must be a “proper” and “regulated” relationship between its Members, Directors and Management. These arms of the Company are the stakeholders of the Company and the relationship between them must be properly governed. Corporate Governance is therefore the regulation of the relationship between the various stakeholders of the Company. Corporate Governance focuses on how the relationship between these stakeholders will be managed and harnessed to promote the best interest of the Company at large[1]. The aim of this paper, is to discuss the modern trends in Corporate Governance worldwide and how some of these emerging trends can be adopted in Ghana to make our corporate Governance Regime more effective and efficient.   BREAKING THE MYTH What Corporate Governance is not! The Term Corporate Governance is not new in Ghana. In fact, it is a very popular term among Managers and Directors. The term however, is often used in a very limited context. Corporate Governance, from the survey conducted by the author, is a term that is used in Ghana to refer to the level of compliance with statutory prescriptions by a Company. In other words, a lot of Directors and Management Staff use the term to refer to the ability [3] The Cadbury Report of Corporate Governance, 1992.   of the Company to meet all Statutory Requirements such as Filing of Annual Returns, paying permits and licensing fees etc. This wrong perception, unfortunately is supported by most of the statutory provisions which relate to the incorporation of Companies and the regulations of Companies […]

Read more

ENFORCEMENT OF ARBITRAL AWARDS ARISING FROM INTERNATIONAL TREATY AGREEMENTS

September 28, 2018

1. INTRODUCTION 1.1 What this paper is About The topic requires a discussion on how Arbitral Awards can be enforced. It is trite that Arbitration Clauses could be included in contracts between non-State entities and also in treaties executed between States. This paper is however only focused on the enforcement of arbitral awards arising from arbitration which is occasioned by an International Investment Treaty (IIT). An IIT could be Bilateral or Multilateral. 1.2 Brief Historical Account of Arbitration The earliest mention of arbitration as a means of settling international disputes dates back from the early fourteenth century. Pierre Dubois, a French publicist, wrote a pamphlet for the recovery of Holy Lands in which he advocated that arbitration was essential to the success of each Crusade. Since then the World has made significant progress on international arbitration as evinced by the establishment of the Permanent Court of Arbitration in 1899, the International Court of Arbitration after World War I in 1923 and the International Centre for Settlement of Investment Disputes (ICSID) in 1966. 2. ENFORCEMENT OF ARBITRAL AWARDS ARISING FROM IITs. 2.1 Recognition and Enforcement 1 De Recuperatione Terre Sancte: traité de politique Générale, published 1981 by Paris A. Picard 2 https://icsid.worldbank.org/en/Pages/about/default.aspx visited on 3rd September 2018 These two words are often used together when it comes to this subject. Foreign Arbitral Awards must first be recognised by a Country, before same can be enforced in that Country. An Award-Creditor, may choose to only seek the recognition of the award without seeking to enforce same. Indeed, some awards may be merely declaratory in nature with no executable/enforceable orders. An Award Creditor who is merely seeking to have the award recognised, without proceeding to enforce same, may choose this path as a means of using the award as a Shield against any attempt by the Award Debtor (or related party) to re-litigate the matter before domestic courts. Where an Award Creditor however proceeds to enforce an award, that Award Creditor is deemed to have taken steps not only to have the award recognised but also to execute the award by using the procedures of the domestic court to attach the assets of the Award Debtor and liquidate same in satisfaction of the Award debt. That way, the Award becomes a sword in the hands of the Award Creditor. An Award cannot be enforced in a Country unless the Country has first recognised same. However, an application can be made to have an award recognised without necessarily steps being taken to have same enforced. Again, where a Party voluntarily submits to an Award by obliging the orders contained in the award and making payments of the amounts awarded in favor of the Award Creditor, there will be no need for an Award to be enforced through the court system. 2.2 Regimes for Recognition and Enforcement of Arbitral Awards There are two main legal regimes which regulate the recognition and enforcement of international arbitral awards. Enforcement could be done under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards or under the International Center for Settlement of Investment Disputes (ICSID) […]

Read more

DIVERSITY IN INTERNATIONAL ARBITRATION: RECOGNISING THE DEVELOPMENT OF “ARBITRATION CONSCIOUSNESS” IN AFRICA

September 28, 2018

Diversity as a worldwide phenomenon has challenged the minds of many a great men. As Martin Luther King Jr. once said, “An individual has not started living until he can rise above the narrow confines of his individualistic concerns to the broader concerns of all humanity”. The need for diversity in all areas cannot be emphasized enough. In order to ensure holistic growth and development, individuals must learn to tap into the experiences, thoughts and cultures of other people who may be fundamentally different from them. 1 By Bobby Banson, ESQ, FCIArb. The author is a Lead Consultant with Smith & Adelaide Law, a boutique Law firm in Accra, Ghana with interest in in International Commercial Arbitration. The time has come for the concept of diversity to be welcomed with wide-open arms in all aspects of life, particularly on the international front in order to promote international comity. The aim of this paper is to discuss African diversity within the international framework, to be specific, within international arbitration. The paragraphs below would delve into matters concerning Africa’s historic and present role in international commerce, Africa’s place on the international arbitration scene and the importance of African arbitrators as a means of diversifying the international arbitration environment. A. THE ROLE OF AFRICA IN INTERNATIONAL COMMERCE African Countries have always played a part in international commerce. History has it that civilization started in Africa. The shores of Africa have been the hub for international trade since trading begun; international commerce hence is no stranger to Africa. According to data by the World Bank, a large chunk of the GDP of African Countries can be attributed to international trade and investments. Africa currently receives about four percent (4%) of foreign direct investment. This is set to increase in the next decade. Research shows African Countries have been dragged before many an international arbitration center as compared to other countries with the exception of South America . With the growth of international commercial relations between countries and individuals, there is a need for treaties and agreements to protect not only the sovereignty of the state, but the interest of the private individuals and corporations involved. In his article titled “International Investment Law and Arbitration: 2 http://data.worldbank.org/indicator/NE.TRD.GNFS.ZS 3 The African Investment Report 2016 4 See the International Center for Settlement of Investment Dispute (ICSID) Caseload Statistics (2016) which indicated that 23% of all cases related to investment in Africa, second only to South America which had 24% of the cases. A Conceptual Framework”, Robert Howse mentions that the use of international law to protect the interests of foreign investors started in the 19th century when capital exporting countries sought to use the customary law of diplomatic protection of foreigners primarily against states in the global South. Where there is an agreement, the possibility of a breach is real. In international commerce, the question in cases of a breach, very often is, “what is the proper forum for the settlement of disputes and issues that may arise out of an international commercial transaction?” As an attempt to balance the interest of both parties, most scholars agree […]

Read more

CHOOSING A LAWYER BASED IN GHANA? FOREIGN INVESTORS BEWARE!

September 11, 2018

  INTRODUCTION It is common knowledge that over the years, foreign companies/investors seeking to do business or any form of investment in Ghana for that matter, have had to rely on the services of Lawyers in Ghana to advise and assist them undertake their ventures in Ghana. Hitherto, the Investor should be satisfied if he meets the Lawyer in a plush office with probably a Mercedes Benz to match a “befitting suit”.  Speaking impeccable language is what has become expected of good lawyers.   Arguably, these have become the hallmark of a good lawyer. Well, the Supreme Court of Ghana has taken this to the next level. A foreign Investor seeking to do business in Ghana with the help of a lawyer based in Ghana must go beyond plush offices, sleek cars and suits and big English. The Investor must actually conduct some due diligence to ascertain whether or not the Lawyer has been licensed by the General Legal Council of Ghana to provide Legal Services for the year under review.        B.WHAT DOES THE LEGAL PROFESSIONS ACT SAY? Legal Profession in Ghana is regulated by the Legal Professions Act.  The preamble to the Act states that it is an “Act to consolidate and amend the law relating to the legal profession”. The Act further states in Section 2 that any person whose name appears in the Roll of lawyers kept by the General Legal Council is entitled to practise as a lawyer, whether as a Barrister or Solicitor or both. One key thing to note in this section is that in Ghana, unlike other Jurisdictions such as the United Kingdom, there is no separation of personnel in relation to a Solicitor and a Barrister. The term “Lawyer” is used to refer to both a Solicitor and a Barrister so that any person whose name appears in the Roll of lawyers is qualified to do both Solicitor’s work and that of a Barrister. [1] The Writer is the Lead Consultant with Robert Smith & Adelaide Law, a boutique law firm based in Accra and has advised foreign investors seeking to do business in Ghana. [1] The General Legal Council is the Statutory Body established by the Legal Professions Act, 1960, Act 32 to regulate Legal Practise in Ghana. [1] 1960, Act 32. Section 8 (1) of the Act states that “ A person other than the Attorney-General or an officer of his department shall not practise as a Solicitor unless he has in respect of such practice a valid annual licence issued by the General Legal Council to be known as “a Solicitor’s Licence”. Simply put, the “appearance” of the name of a person in the Roll of Lawyers does not entitle the person to practise as a lawyer year after year. That person must apply for and be issued with a Solicitors License every other year to entitle the person to legally practise as a Solicitor in Ghana.             C.WHAT DID THE SUPREME COURT SAY? Now, the issue that had been raging over the years in respect of Section 8 of the Legal Professions Act has been the consequences of a Lawyer […]

Read more

A SIMPLE GUIDE TO ACQUIRING LAND/LANDED PROPERTY IN GHANA: IS LAND TITLE REGISTRATION ENOUGH?

September 11, 2018

The first lesson I learnt in my Land Law Class is that Land is the only commodity that God has ceased creating. It is the only thing that man, throughout the history of invention, has not attempted to create. Land has become and continues to become a very scarce commodity. The ever increasing global population worsens the situation. The world’s population is now more than seven (7) billion and continues to grow by 83 million people per year. We should not forget the fact that land is a finite sphere and cannot endure infinite growth by any single species. Let us come back home in Ghana! Throughout the history of this great country, wars have been fought and lives have been lost over ownership and control of land. Land litigation is common place in our Courts. Both Pre and Post-Colonial Governments have taken steps to streamline our land tenure systems and its antecedent regimes. Particular praise must however go to the PNDC Government for taking drastic measures at revolutionalising the land sector. These attempts culminated in inter alia, the passage of the Land Title Registration Law in 1986. This law also established the Land Title Registry. The functions of this registry include the keeping and maintenance of “an index arranged in alphabetical order of the names of the proprietors of land and interests in land, showing the numbers of the parcels of which they are proprietors or in which they hold interests”. This section in effect means that all parcels of all lands and their respective owners must be found in the register which is kept at the Registry. But is this the case? [1] PNDCL 152 [2] The Lands Commission Act of 2008 however transformed the Land Title Registry into the Land Registration Division of the Lands Commission. [3] Section 1 (2) (e) of PNDCL 152 That certainly cannot be. The reasons are obvious. A lot of lands in this country are owned by Stools/ Skins, clans or families, which for the purpose of this discussion will be referred to as “Traditional Land Owners”. These traditional land owners trace their root of title to as far back as the days of Adam, when there were no governments nor Land Title Registries for that matter. Though their ownership and interest in land has not been registered as required by the law, these traditional land owners have been in possession of the lands and continue to alienate their interest in these lands by various means of conveyancing to prospective land owners. Trouble Shooting!!!!!!! All cannot be rosy. This is because, there have been and there continues to arise so many disputes over ownership of land between stools/skins, families and mostly individuals. This situation is often complicated by the fact that most people who are in possession of lands have not taken the pains to register their interest in the land at the Land Title Registry. Another scenario that accounts for land litigation is the fact that those who have registered title to the land, may not even be in possession, sometimes, not ever. By possession, I mean, physical occupation and control commensurate with the […]

Read more

MEETING HIGH REVENUE TARGETS; A TALE OF NOTHINGNESS AND THE GRA’S RUSH FOR FOOL’S GOLD Bobby Banson, Esq., MCIArb

September 10, 2018

INTRODUCTION Every Country survives on tax. Every person (natural or artificial) is obliged to pay tax on his taxable income or revenue.  All across the world, Revenue Authorities have often been entrusted with wide powers for the sole purpose of ensuring that as much revenue is collected on the State’s behalf as is possible. In Ghana, the situation is no different. The Ghana Revenue Authority (GRA) is charged with the responsibility of collecting tax from individuals and companies for the Country.  The Authority consists of the Internal Revenue Service, Customs Excise and Preventive Service and the Value Added Tax Service. Section 1 (1) of the Revenue Administration Act, 2015, Act 915 provides, “The Ghana Revenue Authority is responsible, through the Commissioner-General, for administering and giving effect to tax laws in accordance with the provisions of the Ghana Revenue Authority Act, 2009, (Act 791)”. In a similar train of thought, Section 3 of the Ghana Revenue Authority Act, Act 791, outlines the functions of the GRA as among other things the collection of taxes for the Republic with optimum efficiency. Conventionally, every budget presented to Parliament of Ghana projects the revenue to be collected by the GRA to support the budget. This projection of the tax, which will accrue to the State, results in the setting of collection targets for the revenue agencies. In 2017, the GRA collected Gh¢ 32.4 billion as against the target of Gh¢ 34 billion representing 97% of the projected tax. The target for the 2018 fiscal year is set at GH¢ 39 billion. In respect of this high revenue target, the GRA has adopted a colossally aggressive approach to revenue mobilization. Media reportage abounds with offices, shops and factories, which have been raided by officials of the GRA allegedly to collect information and 1.The Author is the Lead Consultant of Smith & Adelaide Law, a Boutique Law firm in Accra and has provided advisory services in matters relating to Tax to both local and foreign entities doing business in Ghana 2.See the preamble of the Ghana Revenue Authority Act 3.See thebftonline.com of 24th January 2018 equipment/computers in an attempt to enforce the provisions of the relevant tax regimes. In as much as the author of this paper admits the wide powers given to the GRA by the various tax laws, the aim of this paper is to remind the GRA of its superior responsibility to ensure compliance with due process and not the abuse of the rights of the taxable populace.   ACCESS TO INFORMATION AND ASSETS Section 33 of the Revenue Administration Act, 2016, Act 915 provides as follows: For the purpose of a tax law, the Commissioner–General shall for reasonable cause, have without prior notice, full and free access to premises, documents or assets    a.In the case of a dwelling house, conveyance or public premises or where a document or asset is located in a dwelling house or public premises i Between 6:00am and 6:00pm ii At other times as permitted by an order of a magistrate under section 88; or    b In any other case, at all times. 2. The power of […]

Read more

7 POINT ADVICE TO NEWLY CALLED LAWYERS

March 10, 2017

I must begin by congratulating, my soon to be colleagues who will be called to the Bar on the 30th of September 2016, exactly 5 years since I joined this noble profession. As a fellow junior member at the bar, I pray that you will take these words as my infantile advice to you. Being called to the Bar is not an end in itself; it is a means to an end: I can only imagine the joy and the pride that most of you felt when the final results were published and your names appeared therein. It is an ecstatic feeling knowing that you will soon belong to the same profession that has produced great leaders all over the world.  It may have been a very grueling journey over a 6 year or 4 year period (depending on whether or not LLB was your 1st degree or post graduate degree). I am sure at publication of the results, most you may have said “Finally the Battle has Ended”. Well I have bad news for you: The battle just begun. You will soon realize that there is more to be done as a lawyer than there could have ever been as a law student. One of my favorite quotes about Albert Einstein is that “He was no Einstein when he was a student”. The journey to success as a legal practitioner just begun, it has not ended so guild up your loins and let the watch word be forward.   The Wig and Gown brings respect; but your integrity maintains it: The legal profession has recently come under severe criticism because of the perception of bribery and corruption. Once you are given that wig and gown, you are tempted to think that you are above the law. No you are not. People will respect you because they know you are part of a noble profession. Being part of a noble profession does not necessarily make you a noble person. You need to read the Legal Professions (Conduct and Etiquette) Rules over and over again before you begin your full life as a practitioner. Trust me if you do so, there are so many pitfalls you will avoid. Building a reputation as a sincere lawyer is something that is so difficult to achieve now, but once you do, guard it with all your life because your longetivity in this profession, depends so much on the reputation of sincerity you are able to build over time. If you throw your reputation to the dogs and engage in activities which are not worthy of a lawyer, you are finished. It is more dangerous these days because Anas may just be watching you.   The Bar Sticker will not bring you cases; knowing people bring briefs: I am sure that for most of you, getting a bar sticker is one of the first things on your mind (i.e. if you already have a car). Some may have already put it on their windscreens before being called to the bar. There is so much pride in putting the sticker on the windscreen, at least to get some […]

Read more

THE PROBLEM OF LAND LITIGATION IN GHANA: IS LAND TITLE REGISTRATION ENOUGH?

March 10, 2017

The first lesson I learnt in my Land Law Class is that Land is the only commodity that God has ceased creating. It is the only thing that man, throughout the history of invention, has not attempted to create. Land has become and continue to become a very scarce commodity. The ever increasing global population worsens the situation. The world’s population is now more than seven (7) billion and continues to grow by 83 million people per year. We should not forget the fact that land is a finite sphere and cannot endure infinite growth by any single species. Lets come back home in Ghana! Throughout the history of this great country, wars have been fought and lives have been lost over ownership and control of land. Land litigation is common place in our courts. Both Pre and Post colonial Governments have taken steps to streamline our land tenure systems and its antecedent regimes. Particular praise must however go to the PNDC Government for taking drastic measures at revolutionalising the land sector. These attempts culminated in inter alia, the passage of the Land Title Registration Law in 1986. This law also established the Land Title Registry. The functions of this registry include the keeping and maintenance of “an index arranged in alphabetical order of the names of the proprietors of land and interests in land, showing the numbers of the parcels of which they are proprietors or in which they hold interests”. This section in effect means that all parcels of all lands and their respective owners must be found in the register which is kept at the Registry. But is this the case? PNDCL 152 Section 1 (2) (e) of PNDCL 152 That certainly cannot be. The reasons are obvious. A lot of lands in this country are owned by Stools/ Skins, clans or families, which for the purpose of this discussion will be referred to as “Traditional Land Owners”. These traditional land owners trace their root of title  to as far back as the days of Adam, when there were no governments nor Land Title Registries for that matter. Though their ownership and interest in land has not been registered as required by the law, these traditional land owners have been in possession of the lands and continue to alienate their interest in these lands by various means of conveyancing to prospective land owners. Trouble Shooting!!!!!!! All cannot be rosy. This is because, there have been and there continue to arise so many disputes over ownership of land between stools/skins, families and mostly individuals. This situation is often complicated by the fact that most people who are in possession of lands have not taken the pains to register their interest in the land at the Land Title Registry. Another scenario that accounts for land litigation is the fact that those who have registered title to the land, may not even be in possession, sometimes, not ever. By possession, I mean, occupation and control commensurate with the nature of the land. Hence, activities ranging from planting of pillars to mere cultivating of maize on the land could sufficiently pass […]

Read more

OF ROOTS AND BRANCHES; THE CURIOUS CASE OF ORDER 81, by Bobby Banson, Esq, MCIArb.

November 15, 2016

INTRODUCTION “If your knowledge of substantive law is brilliant and you have no knowledge of the rules of Court then you cannot be a “proper” lawyer.” These were the words of Justice Anin Yeboah of the Supreme Court of Ghana when I first met him sometime in 2009. In his estimation, and like those of many Legal (Court room) Practitioners, a good lawyer must know the rules of Court “by heart”. After my first Civil Procedure Class with the brilliant Ace Ankomah, I wondered how someone would be expected to know all the 82 orders of the High Court “by heart”. Some of the Orders have as many as 60 rules. I immediately appreciated how “long” this journey to becoming a “proper” lawyer will be. I soon realized there could be a way out of this task of knowing the rules of Court “by heart”. My escape route was found in Order 81. I loosely understood Ace’s lecture on Order 81 to mean that I do not need to know everything in the rules book. If I sin against the rules, Order 81 rule 1 will be the blood, which will wash away my sins and grant me access to the “throne of mercy”. In my infantile mind, if there would be a cure for not knowing the rules, why do I have to know them? I must admit that with hindsight, I have realized that I was a “child” then and like a “child” I thought and spoke. I have, in my few years in practice, however found the provisions of Order 81 very curious. For me, it is akin to an unruly horse. It leaves so much to the discretion of anyone who is in the position to interpret and apply same and as such can be interpreted by each individual to have a different meaning. 1 Order 81 of High Court (Civil Procedure) Rules, 2004, CI 47. 2 The Author is the Lead Consultant of Smith & Adelaide Law, a Boutique Law firm in Accra and assists with the teaching of Civil Procedure at the Ghana School of law, Makola Campus-Accra. The purpose of this Article is to discuss how the Courts have over the years interpreted and applied the provisions of Order 81 and its predecessor rule to “apparently” prevent the multiplicity of suits and avoid delays, cost and unnecessary expenses in civil litigation. BACKGROUND The High Court (Civil Procedure) Rules, CI 47 were enacted in 2004 to replace the L.N.140A, which had been the applicable civil rules of the High Court in Ghana since 1954. Yes, it took 50 years for us to change our rules of Court. The parallel provision in the L.N. 140A was Order 70, r. 1 which provided as follows: “Non-compliance with any of these Rules, or with any rule of practice for the time being in force, shall not render any proceedings void unless the Court or a Judge shall so direct, but such proceedings may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and upon such terms as […]

Read more

THE INTRA-REGIONAL JURISDICTION OF THE HIGH COURT, by Bobby Banson, Esq, MCIArb. *

July 28, 2016

BACKGROUND I want to set the tone of this paper with this hypothetical situation. The Plaintiff is a limited liability company with its registered address and place of business in Tema in the Greater Accra Region. The Defendant is also a limited liability company with its registered address and place of business in Tema in the same region. The business transaction, which led to the dispute, was consummated in Tema. The Lawyer for the Plaintiff resides in Accra and so instituted an action in the High Court in Accra. This paper is aimed at answering the question of what will happen in the event that the Plaintiff’s lawyer decides to file a Writ of Summons at the High Court in Accra. REGIONAL JURSIDICTION OF THE HIGH COURT. It is trite that there is only 1 High Court in Ghana. Every student of Ghana Legal System will be conversant with this phrase. Edward Wiredu J (as he then was) held in the case of ABUDULAI v. AGYEI II AND ANOTHER [1976] 1 GLR 185-193 that the oneness of the High Court of Justice of Ghana as established under article 122 of the Constitution of the Second Republic is now too well settled by a number of judicial decisions to admit of any dispute. This was also upheld in the cases of  IN RE AGYEPONG (DECD.); ABOSI V. POKU [1973] 2 G.L.R. 456 AT P. 477 and AWUKU V. BENDA, HIGH COURT, CAPE COAST, 1 JULY 1974, UNREPORTED. 1 The Author is the Lead Consultant of Smith & Adelaide Law, a Boutique Law firm in Accra and assists with the teaching of Civil Procedure at the Ghana School of Law, Makola Campus-Accra In Republic v High Court, Ho, EX-PARTE: NANA DIAWUO BEDIAKO II [2011] SCGLR 704  the Supreme Court held that “By virtue of article 139 of the Constitution 1992 and section 14 (1) (2) and (3) of the Courts Act, 1993 Act 459, the point can safely be made that there is only one High Court in Ghana”. Now, despite there being only one High Court in Ghana, the rules of Court, CI 47, have made provisions for actions to be commenced in the Region which is the most suitable and convenient   for the case, based on the factors provided in the rules. Under Order 3 of High Court (Civil Procedure) Rules, 2004, CI 47 it is provided as follows: (1) Every cause or matter that relates to immovable property or any interest in it or for any damage to it shall be commenced in the Region in which the immovable property or any part of it is situated. (2) Every cause or matter that relates to movable property distrained or seized for any cause shall be commenced in the Region in which the distrain or seizure takes place. (3) Every cause or matter against a public officer to recover penalty or forfeiture shall be commenced in the Region where the cause of action arises. (4) Every cause or matter for specific performance of a contract or in respect of breach of contract shall be commenced in the Region in which the contract ought to have been performed or in […]

Read more