Facts:

The Appellant, Sqimnga Nigeria Limited commenced an action in 2020 against Systems Applications Nigeria Limited, the Respondent at the High Court of Lagos State claiming the sum of N88,801,149.05 (Eighty-Eight Million, Eight Hundred and One Thousand, One Hundred and Forty-Nine Naira, Five Kobo) and interest on that sum at the rate of 10% as well as costs of N20 Million based on the Master Service Agreement (MSA). Under the MSA, the parties had agreed that where dispute arises, the South African Laws will govern the contract.

The Respondent who was the Defendant at the lower court applied under the rules of court for the matter to be struck out on the principal ground that parties have agreed to have their contract governed by the laws of South Africa and not Nigeria and that the High Court of Lagos state had no jurisdiction to entertain the matter. In its ruling, the High Court of Lagos declined jurisdiction to entertain the matter. Dissatisfied by the decision of the court, the Appellant appealed to the Court of Appeal.