UNICOM LIMITED V. GHANA HIGH COMMISSION

JUDGMENT OF THE COURT

1. In a Ruling delivered on 9^th December, 2011, the High Court at Nairobi (Musinga, J, as he then was) allowed the respondent?s motion dated 27^th July, 2011 to strike out the appellant's suit. The basis for doing so was that the court lacked jurisdiction to entertain the suit on account of sovereign immunity enjoyed by the respondent under the Privileges and Immunities Act, chapter 179 of the Laws of Kenya. In that suit the appellant had hoped to recover loss and damage it allegedly sustained as a result of what it contended was an unlawful termination of a tenancy agreement by the respondent. The central question in this appeal is whether the respondent is entitled to immunity.

Background

2. The appellant sued the respondent in the High Court at Nairobi. In its plaint, it described the respondent “as a representative of the Government of the Republic of Ghana.” It pleaded that the parties entered into a tenancy agreement dated 13^th October, 2008; that under that ag…