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MULUNGUSID INVESTMENT LIMITED
V.
EMBASSY OF HUNGARY

(2022) JELR 109789 (HC)

High Court 9 Feb 2022 Ghana
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- The defendant, a diplomatic entity, has requested the court to strike out the suit for want of jurisdiction. - The defendant argues that its diplomatic status grants it immunity from the civil jurisdiction of the country, especially in re

Case Details

Suit Number:CM/OCC/0472/19
Judges:HER LADYSIDP JUSTICE AFI AGBANU KUDOMOR
Counsel:BEN TAIWO ADEKANLA FOR THE PLAINTIFF/RESPONDENT PRESENT DAME AWOONOR - WILLIAMS HOLDING BRIEF FOR ANDREW KHARTEY FOR THE DEFENDANT/APPLICANT PRESENT

RULING

MOTION ON NOTICE FOR AN ORDER TO STRIKE OUT THE SUIT FOR WANT OF JURISDICTION

Counsel for Defendant/Applicant (Applicant) has prayed the Court for an Order to  Strike out the instant suit for want of Jurisdiction. 

The grounds being that Applicant is a diplomatic entity which entered into a Tenancy  Agreement with Plaintiff/Respondent (Respondent) for the renting of Respondent's  apartment as accommodation for its staff in furtherance of its official functions. 

That following a dispute between both Parties in respect of the said tenancy,  Respondent instituted the instant action against Applicant. 

That Applicant's diplomatic status renders its immune from the Civil Jurisdiction of  this country especially as the said Tenancy Agreement between the Parties which was  in furtherance of the official functions further reinforces Applicant's immunity from  the Civil Jurisdiction of the Courts in Ghana.  

That because Jurisdiction is a fundamental issue, this Court cannot assume  Jurisd…

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