Facts:

The appellant a building contractor was the plaintiff in the trial court. On the 30th day of January 1979 the appellant was commissioned to build for the Government of the Kingdom of Belgium – the Respondent and defendant in the trial court- a residence for the Belgian Ambassador at Eleke Crescent, Victoria Island, Lagos. 

The appellant, Kramer Italo Ltd, instituted an action against the defendant/respondents as (1) Government of the Kingdom of Belgium and (2) The Embassy of Belgium, Lagos, Nigeria claiming the sum of 670, 552.07 (Six hundred and seventy thousand, five hundred and fifty two naira, seven kobo) as reimbursement for additional costs incurred as a result of the extended period on site and variation instruction arising from the contract. 

The defendant/respondent filed an application for an order to set aside the service upon them and to strike out the entire action on the grounds that (a) at common law, the defendants cannot be impleaded or sued in a Nigerian court;