Facts:

A lawyer, Sola Fagbola and Chief Joe Elebiyo both claim to be the bona fide President of the Kogi Chamber of Commerce Industry Mines & Agriculture. While Alhaji Yusuf Abdul Salami claims that he is the Caretaker Chairman of the same Chamber (the 1st respondent).

The 1st respondent, an incorporated Company Limited by Guarantee sued the appellants (one of the presidents and caretaker respectively) by an originating Summons. The summons was invoking answers to – Whether officers can be elected by a Caretaker Committee – who the President was and whether such a person is required to be a financial member. In effect, seeking orders declaring the 1st appellants election null and void and a pronouncement that a caretaker committee cannot “elect” the president of the chamber.

The appellants, then defendants, filed a Notice of Preliminary objection on the grounds (amongst others) that the issues raised in the Summons relate to the operation, management and control of a registered company and therefore was not within the jurisdictional competence of the state high court in Kogi State.