TORRETON
V.
DIEZ

(1993) JELR 69458 (CA)    
Court of Appeal  ·  9 Dec 1993 ·  Ghana
CORAM
LAMPTEY JA, AMUAH JA, FORSTER JA
Core Terms Beta
defendant
immunity
trial judge
diplomatic agent
commercial activity
ministry of foreign affairs
diplomatic immunity
apaloo ja
learned judge
diplomatic immunities act
diplomatic relations
issue of his status
official functions
personal effects
purchase of the plaintiff
statement of claim
claimed amount
cotton j
course of the proceedings
date of issue of plaintiff
defendant-appellant
diplomatic privilege
diplomatic ranking
diplomatic status
following claims
foreign company
foreign office
high court
instant case exhibit
issues of fact
j p harrison
jurisdiction of the courts of ghana
main issues
member of the diplomatic staff of the embassy
personal profit
plaintiff-respondent
present case
prevailing commercial rate of interest
private profit
provisions of article
ratio decidendi
rules of evidence
second ambit of the matter
second letter
similar problem
single isolated act
statement of the ministry of foreign affairs
status of the diplomatic agent
such posts
supporting affidavit

FORSTER JA.

The plaintiff-respondent (hereinafter called the ‘plaintiff’) was the Chancellor of the Spanish Embassy until November 1987, when he left Ghana. The defendant-appellant (hereinafter called the ‘defendant’) was also a diplomat at the embassy in 1987. He was promoted in 1988 to the rank of Chancellor and left Ghana in 1990 when his tour ended.

On 22/11/89, the plaintiff per his lawful attorney, Bagnel Tena-Urrutia, issued a writ of summons against the defendant in the High Court, Accra. Endorsed on the writ were the following claims:

“1. The sum of 20,000 dollars being money due and owed by the defendant to the plaintiff in respect of household items and a vehicle purchased by the defendant from the plaintiff and presently being used by the defendant.

2. Interest on the claimed amount at the prevailing commercial rate of interest commencing from the date of issue of plaintiff’s writ of summons commencing action till date of judgment.”

The defendant entered conditional appearance …

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