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MULUNGUSID INVESTMENT LIMITED v. EMBASSY OF HUNGARY

(2022) JELR 109789 (HC)

High Court  •  CM/OCC/0472/19  •  9 Feb 2022  •  Ghana

Coram
HER LADYSIDP JUSTICE AFI AGBANU KUDOMOR

Judgement

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  Jur…

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