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US Dollars
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i
Variations 1,747,493.36
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ii
For loss and expenses arising from Extension of time On Head Office 539,530.02
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iii
Extension of time On Head Office 539,530.02
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iv
On Preliminaries 228,000.00
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v
On omitted items 1(Pergolla and PABX) 15,864.20
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vi
On additional cost of Labour 1,018,076.61
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vii
Interest on delayed payments 14,937.06
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viii
Additional cost of Variations 110,381.19
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ix
Additional works (Plaque) 912.19
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x
Additional expenses due to rainy days 11,012.40
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xi
Additional cost apart from Labour in accelerating the completion date 89,092.50
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xii
Tentative contract sum 6,243.989.66
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Grand TOTAL 10,019.289.19
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Less payment made to date by the Defendant to the Plaintiff 7,263.670.34
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Amount due and payable 2,755,618.85
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Dated 28th day of August, 2000
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And interest on the said sum at the rate of 21% per annum from 22nd June, 2000 until judgment and thereafter at the same rate until total liquidation."
The Defendant who is Applicant before us filed a Notice of Preliminary objection. The Notice reads:
"TAKE NOTICE that the Applicant intends to object to the trial of this suit filed against it by the Respondent as the Honourable Court lacks jurisdiction to try same.
GROUND OF OBJECTION
The Applicant by virtue of the DIPLOMATIC IMMUNITIES AND PRIVILEGES (AFRICAN REINSURANCE CORPORATION) ORDER 1985 has diplomatic immunity."
Arguments on the preliminary objection were taken before B.O. Shitta Bey J. of the High Court of Lagos State. In a ruling, which the learned Judge delivered on the 26th of October 2000, she overruled the preliminary objection raised by the Defendant and dismissed it. She then made an order that the Defendant should file a Statement of Defence within seven days of the day or her ruling. The Defendant was dissatisfied with this ruling and appealed to the Court of Appeal. Meanwhile the Defendant brought an application before the Court of Appeal for a Stay of the Proceedings before Shitta-Bey J. This was after Shitta-Bey J. had in a ruling delivered on the 20th day of November 2002 refused to grant stay. The Court of Appeal also refused to grant a stay and in the lead ruling of Galadima J.C.A. with which Oguntade and Aderemi J.J.C.A. agreed, the Court said -
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"I have carefully considered this application. No reasonable case has been made for the grant of this application. The learned trial Judge directed the Appellant/Applicant to file its Statement of Defence and proceeded to fix hearing of substantive Suit. I do not agree with the Applicant that the compliance with that order would have the legal effect of a waiver of its immunity from Suit.
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The grounds of Appeal in my view are not substantial to warrant my consideration of this application. Accordingly this application fails and it is refused. I do not make an order Staying the proceedings of the lower Court in Suit No. LD/2342/2000 before Shitta-Bey J. of the Lagos State High Court. The substantive case in that Court should commence in earnest and expeditiously too."
The Defendant has appealed to this Court against this Order of refusal of stay.
The Appellant also filed a motion at the Supreme Court to still stay proceedings before the trial court pending the determination of the appeal by the Supreme Court. The appeal against the decision of the Court of Appeal and the motion praying the Supreme Court to stay further proceedings before the High Court were pending when judgment was entered against the Appellant by the High Court.
The appeal to the Supreme Court as well as the motion to stay proceeding were still pending when the Appellant prayed the Supreme Court to set aside the judgment of the High Court delivered on 27th November 2002. The Appellant had also appealed to the Court of Appeal against the judgment of the High Court of 27th November 2002. The appeal was also still pending.
