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KWARTENG V. SACKEY AND ANOTHER

(1985) JELR 65631 (CA)

Court of Appeal  •  20 Nov 1985  •  Ghana

Coram
ADADE JSC,AMUA-SEKYI J,AMPIAH J

Appearances
W O BOAFO (FOR FRIMPONG-BOADU) FOR THE APPELLANT; THERESA AMASSAH FOR THE RESPONDENT.

Judgement

AMUA-SEKYI J.

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 preliminary objection that the plaintiff’s action cannot hold in law in that th…

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