Disable Preloader

CaseLaw

Kramer Italo Ltd Vs. Govt of Belgium (1988) CLR 11(a) (CA)

Judgement delivered on November 1st 1998

Brief

  • Sovereign and diplomatic immunity
  • International law
  • African Re vs. Abate Fantaye

Facts

At the Lagos High Court the appellant, Kramer Italo Ltd., as plaintiff, instituted an action against the defendants

  • 1.
    Government of the Kingdom of Belgium and
  • 2.
    the Embassy of Belgium, Lagos, Nigeria, now the respondents, claiming the sum of N570, 552.07(Six hundred and seven thousand, five hundred and fifty two naira, seven kobo) arising from a contract in writing dated the 30th day of January, 1979 whereby the second defendant commissioned the plaintiff to build for it a residence for the Belgian Ambassador at Eleke Crescent, Victoria Island, Lagos. The claim is for reimburse¬ment for additional costs incurred as a result of the extended period on site and the second defendant's variation instructions.

Pursuant to Order 8 Rule 11 of the Lagos State High Court (Civil Procedure) Rule 10 the defendants filed an application for an order to set aside the service upon them of the writ of summons and to strike out the entire action on the grounds:

  • a.
    At common law, the defendants cannot be impleaded or sued in a Nigerian court.
  • b.
    The Belgian envoy and the several members of the staff compris¬ing the Belgian Embassy are immune from suit and legal pro¬cess pursuant to the provisions of Section 1 of the Diplomatic Immunities and Privileges Act 1961 No. 42.
  • c.
    The Writ of Summons issued herein and purportedly served on each defendant is void.

After hearing arguments from both sides, the learned trial judge, Agoro J., deliv-ered his judgment dated 6th March, 1987 in which he held the view that ''there can be no doubt that a sovereign state should not be impleaded in the courts of another sovereign state against its will. He acknowledged the fact that in some countries, what is known as the doctrine of restrictive immunity in respect of commercial transactions or undertakings is now being applied in their courts. He pointed out that even in those countries, in order to decide whether or not to

Read More