GARCIA
V.
TORREJOH

(1991) JELR 65310 (HC)    
High Court  ·  18 Nov 1991 ·  Ghana
 · 
Other Citations
[1992] 1 GLR 143
CORAM
LUTTERODT J.
Core Terms Beta
commercial activity
official functions
law
personal profit
statement of claim
supporting affidavit
issues of fact
trial judge
general rule
ground of diplomatic immunity
instant application
instant case
absolute rule of law
actual fact
case of armon v
civil procedure
complex problems
counsel’s argument
course of the proceedings
defendant-applicant
diplomatic agent immune
english position
favour of the applicant
first issue
following reasons lack jurisdiction
full diplomatic status of the applicant
high court
idle exercise
jurisdiction of our courts
learned author morris
main grounds
member of the diplomatic corps
mere written letter
mind of this court
official activities
oral arguments
plaintiff-respondent
private contracts
private person
proper procedure
proper way
question of fact
respondent’s affidavit
respondent’s reaction
said action
such clear cases
such exception
sufficient evidence of the facts
time of the issue of the writ
view of this primary

LUTTERODT J.: On 22 November 1989 the plaintiff-respondent (hereinafter referred to as the respondent) per his lawful attorney, Raguel Tena-Urutia, issued this writ against the defendant-applicant (hereinafter referred to as the applicant) for the sum of $20,000 and interest on that amount. After entering a conditional appearance, the applicant now prays for (1) an order setting aside the service of the writ of summons and statement of claim; and (2) an order dismissing the said action.

The main grounds upon which this instant application, brought under Order 12, r. 24 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), is founded is contained in paragraphs (13) and (14) of the supporting affidavit. These are that:

“(13) The defendant being at the time of the issue of the writ a member of the diplomatic corps, is under the provisions of the Vienna Convention immune from the jurisdiction of our courts.

(14) Since the contract was made not in Ghana, but in Spain, this court is no…

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