Facts:

The appellant is Lignes Aeriennes Congolaises (LAC) a commercial airline and the national carrier of the Democratic Republic of Congo its head office is at No. 4 Avenue du Port Kinshasa/Gombe, Democratic Republic of Conge and operational office in Lagos. The respondent is a Nigerian Company with its office at 4B Mobolaji Bank Anthony Way, Ikeja Lagos Nigeria.

The parties entered into an Aircraft lease agreement by Article 7 the parties appear to have agreed to be governed by the Congolese law. Under Article 8 of the agreement each party choose residence at their respective head offices for any usual notifications.

The respondent – as plaintiff in the trial court- claimed inter alia, the sum of U$169,794 (One hundred and Sixty-Nine Thousand, seven hundred and Ninety-four United States Dollars) being consideration for the lease of Cargo Aircrafts to the defendant; the appellant.