ORDER 10 - PLACE OF INSTITUTING AND OF TRIAL OF SUITS

ADAMAWA
ORDER 10 - PLACE OF INSTITUTING AND OF TRIAL OF SUITS

1. All suits relating to land, or any mortgage or charge thereon, or any other interest therein, or for any injuries thereto, and all actions relating to personal property distrained or seized for any cause, shall be commenced and determined in the Judicial Division in which the land is situated, or the distress or seizure took place.

2. All actions for recovery of penalties and forfeitures, and also all actions against public officers, shall be commenced and tried in the Judicial Division in which the cause of action arise.

3. All suits for specific performance or upon the breach of any contract shall be commenced and determined in the Judicial Division in which the contract ought to have been performed or in which the defendant resides or carries on business.

4. All other suits shall be commenced and determined in the Judicial Division in which the defendant resides or carries on business or in which the cause of action arose. If there are more defendants than one resident in diffe-rent Judicial Divisions, the suit may be commenced in any one of the Judicial Divisions; subject, however, to any order which the Court may, upon the application of any of the parties, or on its own motion, think fit to make with a view to the most convenient arrangement for the trial of the suit.

5. In case any suit shall be commenced in any other Judicial Divi-sion than that in which it ought to have been commenced, the same may, notwithstanding, be tried in the Judicial Division in which it has been so commenced, unless the Court otherwise directs, or the defendant pleads specially in objection to the jurisdiction before or at the time when he is required to state his answer or to plead in such cause.     

6. No proceedings which may have been taken previously to such plea in objection shall be in any way affected thereby; but the Judge shall order that the cause be transferred to the Judicial Divi-sion to which it may be proved to his satisfaction to belong, or, failing such proof, that it be retained and proceed in the Court in which it has been commenced, and the order shall not be subject to appeal.

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