[1985]DLCA936 • November 20, 1985 • Court of Appeal
KWARTENG vs. SACKEY AND ANOTHER
The plaintiff, Peter Osusu Kwarteng, sued the defendants in the High Court, Accra, claiming damages for alleged wrongs committed by Sackey, the first defendant and chargé d’affaires at the Ghana Embassy in Liberia. The Attorney-General was sued as representing the Government of Ghana. The defendants denied the allegations and later raised a preliminary objection to the jurisdiction of the court on the basis that Sackey enjoyed diplomatic immunity for acts done in his official capacity while serving abroad.
read moreJUDGMENT OF AMUA-SEKYI J. Amua-Sekyi J. delivered the judgment of the court. The plaintiff, Peter Osusu Kwarteng, brought an action in the High Court, Accra against the defendants claiming damages for certain wrongs he alleges he suffered at the hand of Sackey, the first defendant, while he was in Liberia. Sackey was at the time chargé d’affaires at the Ghana Embassy. The Attorney-General is sued as representing the Government of Ghana. The defendants filed a defence to the action denying the various allegations made by the plaintiff. Issue having been joined, the next step was for the court to take evidence and come to a decision as to whether or not the allegations were true. However, at that stage the defendants raised an objection to the jurisdiction of the court on the ground that Sackey enjoyed diplomatic immunity. The objection was set out in a notice of amendment and is in the following terms: “1. The defendant will at the hearing of this suit contend by way of preli...