OGUNTADE, JCA (Delivering the Lead Judgment): The respondent was the plaintiff in suit No, LD/2342/2000 before the Lagos State High
Court and the appellant the defendant. In its writ of summons which was filed with the statement of claim, the respondent claimed for:
“(1) The sum of US Dollars 2,755,618.85 being the sum due and payable to the plaintiff on a building contract between the parties.
Interest on the said sum of US Dollars 2,755,618.85 at the rate of 21% per annum from the 22nd June, 2000 until judgment and thereafter at the same rate until total liquidation.
The cost of this action.”
When the writ was served on the appellant it entered appearance thereto under protest. It later filed a notice of preliminary objection contending that the lower court lacked the jurisdiction to hear the case. The ground of objection was stated thus: “The applicant by virtue of the Diplomatic Immunities and Privileges (African Reinsurance Corporation) Order 1985 has diplomatic immunity.”
The lower …