Facts:

African Reinsurance Corporation entered a contract in writing for the construction of its Head Office Building at Victoria Island Lagos for a sum of US$6,243,989.66. There was a retention agreed to in the contract and following a dispute it refused to pay the 50% retention. The claim was therefore that despite having the benefit of the plaintiff’s performance African Reinsurance has refused to pay. 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 on the ground that by virtue of the Diplomatic Immunities and Privileges (African Reinsurance Corporation) Order 1985 the appellant has diplomatic immunity.

Learned trial Judge, Shitta-Bey J. overruled the preliminary objection in her ruling:

“In the event that I should have considered the issue of immunity, I go further to say that it does not cover contract, the subject-matter herein, and in any event on the authority of O‘Odua Investment v. Talabi (1997) 10 NWLR