Facts:

The appellant in the High Court of Lagos State, in Suit ID/768/96 claimed against the respondent, several monetary reliefs. The action arises from alleged wrongful activities of the respondent during or from 18th March, 1991 to 22nd February, 1994 when he was a Receiver/Manager of the appellant. The appellant filed and served a Statement of Claim on the respondent. In reaction to the same, the respondent filed a Notice of Preliminary Objection on the grounds that the High Court lacked jurisdiction and that the filing of the suit constituted an abuse of court process.

After hearing arguments from both learned counsel for the parties, the learned trial Judge held that the suit, was not an abuse of the process of that court, but that most of the complaints, involve the operation of the Companies and Allied Matters Decree which are within the jurisdiction of the Federal High Court. He therefore, pursuant to section 22(3) of the Federal High Court Act, transferred the suit to the Federal High Court, Lagos Division. He stayed action or the proceedings pursuant to section 22(4) of the said Act