AFRICAN REINSURANCE CORPORATION
V.
FANTAYE

(1985) JELR 39794 (CA)    

Court of Appeal  ·  CA/L/227/84 ·  9 Dec 1985 ·  Nigeria
 · 
Other Citations
African Reinsurance Corp. v. Fantaye (1986) 1 NWLR (Pt.14)
CORAM
PHILIP NNAEMEKA-AGU JCA UTHMAN MOHAMMED JCA IDRIS LEGBO KUTIGI JCA
Core Terms Beta
immunity
case
defendant
international organisation
diplomatic immunities
learned trial judge
african reinsurance corporation
inter alia
learned counsel
privileges act
court of competent jurisdiction
ministry of external affairs
mr. ozomah
provisions of articles
diplomatic list
immovable property
immunities act
member countries
servicio nacional del trigo
appellant's counsel
case of the defendant
jurisdiction of the high court
legal suit
nigerian privileges
proper representative of the sovereign state of spain
trial court
appellant's appearance
bank of gospondartwa krajowejo
chapter ix of the agreement
existing state of the law
facts of that case
finding of immunity
following orders
foreign sovereign powers
given time
high court
leading authority
leading judgment
part of defendant
record of proceedings
referred cases
respondents brief
ruling of ayorinde j
said agreement
service of the appellant
state of the law
such organizations
virtue of articles
waiver of immunities
waiver of the said immunity


MOHAMMED, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Ayorinde J, in which the learned trial Judge made a finding that his court had jurisdiction to entertain a claim brought before it by the respondent. When the respondent,(plaintiff at the trial court) filed his claim against the African Reinsurance Corporation, the Corporation applied through a motion for the following orders:

1. For extension of time to file the application herein and to deem it properly filed.

2, (a) to set aside the Writ of Summons and all other processes filed therein on the ground that the Defendant/Applicant is an International Organisation and as such enjoys immunity from legal suit and process.

(b) to dismiss the action against the Defendant/Applicant on the ground that a finding of immunity on the part of Defendant substantially disposes of the whole action.

An affidavit, sworn to by the Protocol Officer in the service of the appellant was attached to the motion. Among…

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