Facts:

The respondent as claimant before the lower court instituted an action against the appellant for failure to repay the facility sum of N25,000,000 as guaranteed by it on behalf A.R. Rasaq motors limited.

However the appellant as the then defendant filed an application challenging the jurisdiction of the court below on the ground that the subject matter of the respondent’s claim was outside the jurisdiction of the court below and rather falls within the exclusive jurisdiction of the federal high court and that both parties to the respondent’s suit are financial institutions within the definition of the banks and other financial institutions act, 1990 and thus not subject to the jurisdiction of the court below. The lower court dismissed the application for lack of merit.

Dissatisfied with the decision of the trial court, the appellants appealed to the court of appeal contending the high court’s lack jurisdiction on the matter.