[1991]DLHC2017 • November 18, 1991 • High Court
GARCIA vs. TORREJOH
The plaintiff/respondent issued a writ against the defendant/applicant for $20,000 and interest, alleging a contract dispute involving the purchase of items. The defendant, a diplomat, claimed immunity from jurisdiction under the Vienna Convention and argued the contract was made in Spain, outside Ghana's jurisdiction.
read moreJUDGMENT OF 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 Spai.....