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TORRETON V. DIEZ

(1993) JELR 69458 (CA)

Court of Appeal  •  9 Dec 1993  •  Ghana

Coram
LAMPTEY JA, AMUAH JA, FORSTER JA

Judgement

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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