Cloak of Diplomatic Immunity saves Hungarian Embassy from Tenancy Dispute Suit in Ghana

The High Court presided over by Her Ladyship, Justice Afi Agbanu Kumodor, has struck an action commenced by MULUNGUSHI INVESTMENT LIMITED against EMBASSY OF HUNGARY on grounds that the Embassy is immune from the Civil Jurisdiction of the Courts of Ghana. 

The Embassy entered into a Tenancy Agreement with Plaintiff wherein the Embassy rented Plaintiff’s apartment as accommodation for its staff in furtherance of its official functions. 

A dispute arose between the parties regarding the tenancy causing Plaintiff to file an action against the Embassy. The Embassy raised an objection to the jurisdiction of the court as the diplomatic status of the Embassy renders it immune from the civil jurisdiction of the court and the same was opposed by Plaintiff. 

The Honourable Court after reviewing the Diplomatic Immunities Act, 1962 (Act 148) and the Vienna Convention on Consular Relations upheld the position of the Embassy and held that;

“This Court is of the opinion that although the said transaction is a commercial activity, it falls within the official function of a diplomatic agent. This is because the said premises; the subject matter of the tenancy agreement was occupied by Applicant's diplomatic agents.”

“The Court is of the opinion that although the said-premises is a private property, its renting by Applicant for members of its staff to occupy constitutes a transaction on behalf of the Republic of Hungary for purposes of its mission in Ghana.”

This case demonstrates the risk of doing business or transactions with diplomats and diplomatic missions. Although there are exceptions to this general, it must be emphasized that one may need to check whether his transaction with an embassy falls under the exceptions that will grant Ghanaian courts jurisdiction over a dispute between a private person and an Embassy. 

Read the full case on www.dennislawgh.com: MULUNGUSHI INVESTMENT LIMITED  vs. EMBASSY OF HUNGARY