Facts:

The appellant, Edicomsa International Incorporated, is a foreign company incorporated in the United States of America. It was engaged to provide architectural designs, drawings, civil infrastructural and construction of 5,000 housing units for the respondent and the Federal Government in Abuja.

A dispute arose regarding payments due to the appellant, which resulted in a suit for breach of contract. Upon being served the Writ of Summons and Statement of claim the defendant now respondent filed a Notice of Preliminary Objection on ten grounds contending in the main that the High Court lacked jurisdiction to entertain the suit. The objection was subsequently argued on three grounds

“1. The plaintiff is not a juristic person.

2. The plaintiffs case as disclosed in the statement of claim is not one that can be entertained by this court, and

3. The cause of action is premised on an illegal contract.