(COURT OF APPEAL)

OSMAN HUSSEIN OSMAN v. THE EMBASSY OF THE REPUBLIC OF TURKEY

AC-REV.111-1967

Principles

Civil Procedure—Right to sue—Embassy has legal capacity to sue on behalf of its state

An Embassy, when it is suing and not being sued, thus waiving the immunity granted to sue; has legal capacity to sue on behalf of its State as its lawful representative.

 Advocate: T. Omer El Karib for

                 M. A. Mahgoub &

                 A. M. Abdel Wahab………………………………… for applicant

Judgment

Mahdi El Fahal, (by authority of the Chief Justice), September 3, 1969:

—The respondents, the Turkish Embassy at Khartoum, sued the applicant Osman Hussein for breach of contract in regard to a house at Khartoum that was intended to be let to the respondent. Advocate T. Omer El Karib, who appeared for the applicant-defendant made a preliminary objection that as the action was not brought in the name of the Republic of Turkey it ought to be rejected because the Embassy as such has no legal capacity to sue. This objection was overruled by the District Judge, Khartoum, on the grounds that the Embassy is a lawful representative of its State and hence can sue as it is an agent of the Turkish Republic. This decision was on revision upheld by the Province Judge. Hence this application to us.

 Of course no issue was fought over the question of diplomatic immunity because the Embassy here is suing and not being sued and so is rightly invoking its powers and authority to waive the immunity granted to sue.

The crucial issue is whether the action ought to have been dismissed because it was brought in the name of the Embassy and not of the Republic of Turkey or its Government. The learned counsel for the applicant is urging us to dismiss the action as the Embassy is neither a natural person nor a corporation or quasi-corporation.

Although Indian Law enables foreign Sovereigns to prosecute or defend suits through recognised agents specially appointed for the purpose, there is no such limitation in our law nor does it seem logical to argue that an Embassy is to be denied suing on behalf of its State. The Turkish Embassy is an entity belonging to the Republic of Turkey and cannot be denied suing in its own name for a breach of a contract relating to a grievance touching the Embassy in particular.

The application for revision is thus summarily dismissed under Civil Justice Ordinance, s. 176.