AERMACCHI S. P. A. & ORS
V.
A. I. C. LTD
·
KUTIGI, J.C.A. (Delivering the Leading Judgment): The Plaintiff, a limited liability company, incorporated under the laws of the Federal Republic of Nigeria commenced an action in the Lagos High Court against the defendants, four in all, on the 21st day of June 1983. Suffice it to say without going into details that the action is in relation to a breach of contract. The first defendant is an Italian company incorporated under Italian laws and carrying on business in Italy. The 2nd and 3rd defendants are employees of the 1st defendant. They both live in Italy, a foreign country as shown by their addresses endorsed by the Plaintiff on the Writ of summons. The fourth defendant representing the Ministry of Defence is the Attorney-General of the Federation who resides in Lagos, Nigeria.
On the day the writ of summons was filed, the plaintiff also filed two applications one ex parte seeking for injunction against the 1st and 4th defendants and the other which was on notice seeking from the …