GARBA, J.C.A. (Delivering the Leading Judgment): This is against the ruling of the Federal High Court, Lagos in suit No. FHC/L/CS/1155/98 delivered on the 20th September, 1999 which, dismissed the appellant's application for striking out the suit on ground of lack of jurisdiction on the part of that court to entertain it. Put briefly, the parties in this appeal had entered into an aircraft lease agreement which by Article 7 thereof, was to be governed by the Congolese Positive Law. The parties under Article 8 of the agreement chose residence at their respective head offices for any usual notifications.
The appellant is an Airline and the national carrier of Congo with its head office at No. 4 Avenue du Port Kinshasa/Gombe, Democratic Republic of Congo and an operational office in Lagos. The respondent as the name shows is a Nigerian Company with its head office at 4B Mobolaji Bank Anthony Way, Ikeja, and Lagos Nigeria.
As plaintiff in the lower court, the respondent claimed inter alia…