Facts:

The appellant instituted an action in the Rivers State High Court sitting at Port Harcourt claiming against the respondent, damages for breach of contract awarded the respondent to rehabilitate four crude oil storage tanks at Ughelli in Delta State and an injunction to restrain the respondent from interfering in any manner whatsoever with the completion of the contract by another person.

The respondent having been aware of the institution of the suit, proceeded to the Federal High Court in Benin City, Edo State and filed a cross action with an ex parte motion for an order of injunction restraining the appellant from re-awarding the contract for the rehabilitation of the four storage tanks to any other person which the said court granted and after listening to arguments on both sides at the River’s State High Court, the court struck out the suit of the appellant declining jurisdiction.