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AFRICAN REINSURANCE CORPORATION V.J.D.P. CONSTRUCTION (NIG.) LTD

(2007) JELR 48187 (SC)

Supreme Court 11 May 2007 Nigeria
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- The respondent (plaintiff), a Nigerian civil engineering company, sued the appellant (African Reinsurance Corporation), a multinational entity enjoying certain diplomatic privileges, at the Lagos High Court, seeking recovery of outstandin

Case Details

Suit Number:SC.259/2002
Judges:UMARU ATU KALGO Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria
Counsel:Chief G. O. K. Ajayi, SAN (with him, A. O. Okeaya-Inneh) For Appellant Mr. C.O. I. Joseph, SAN (with him, Emeka Okpala) For Respondent
Other Citations:African Re. Corp. v. J.D.P. Const. (Nig.) Ltd. (2007) 11 NWLR (Pt.1045) 224 (2007)5-6 S.C. 96 (2007)5-6 S.C. 96

S. A. AKINTAN, J.S.C (Delivering the Leading Judgment): The present respondent, as plaintiff, instituted this action at Lagos High Court as suit No. LD/2342/2000 against the present appellant as the defendant. The plaintiff's claim is as follows:

"(1) The sum of US $2,755,618.85 being the sum due and payable to the plaintiff on a building contract between the parties.

(2) Interest on the said sum of US $2,755,618.85 at the rate of 12% per annum from the 22nd June, 2000 until judgment and thereafter at the same rate until total liquidation.

(3) The cost of this action." The writ of summons was filed along with the statement of claim. When the appellant was served, it entered appearance under protest and then filed a notice of preliminary objection in which it claimed that the trial High Court lacked jurisdiction to entertain the claim. The reason for the objection is given as follows:

"(1) The appellant by virtue of the Diplomatic Immunities and Privileges (African Reinsurance Corpor…

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