This is an appeal against the decision of the Court of Appeal, Lagos Division delivered on the 10 March, 2005 whereby the Court dismissed the appeal lodged by the Appellants against the ruling of the High Court of Lagos State, which dismissed Appellants' Preliminary Objection dated 16th October, 2010 filed by the Appellant in which they sought to strike out the Respondents' suit on the ground that the suit arose from the exercise of powers and duties of a Receiver/Manager and therefore falls within the operations of the Companies and Allied Matters Act, over which the Federal High Court has exclusive jurisdiction by virtue of the provision of Section 251 (1) (e) of the 1999 Constitution of the Federal Republic of Nigeria.

I shall briefly recount the events which culminated in the suit of the Respondent at the trial Court for N20 million general and/or exemplary damages against the Appellants jointly and severally. Sometime in June, 2000, the 1st Appellant took over the management of the 2nd Appellant following his appointment as Receiver/Manager of the 2nd Appellant by the 3rd Appellant. On 7th December, 2000 (six months after the takeover), the 1st Appellant in the purported exercise of his duties broke into and locked up the premises at 27A Fatai Atere Way, Matori Mushin, Lagos, which premises also housed the Respondents office and warehouse.

The Respondent has averred that the 1st Appellant refused it access to its office and warehouse in which its chemicals and other properties worth millions of naira were kept until 6th April, 2001 in spite of efforts by the Respondent to convince him to open up the premises. By a Notice of Preliminary Objection dated 16th October, 2001, the Appellants challenged the jurisdiction of the trial Court to hear and determine the suit on the ground that the Federal High Court is the Court vested with jurisdiction in respect of the subject matter of the suit. In his ruling, Oshodi (J) upheld the objection and held that the Court has jurisdiction to entertain the suit and dismissed the Preliminary Objection. The Appellants by a Notice of Appeal dated 21st May 2002 lodged an Appeal against the ruling of the trial Court.

In accordance with the Court of appeal Rules, the parties filed and exchanged briefs of argument and the appeal was heard on 2nd February, 2005. The lower Court in its judgment delivered on 10th March, 2005 dismissed the appeal and upheld the decision of the trial Court assuming jurisdiction to entertain action instituted by the Respondent.

Being dissatisfied with this decision the Appellant further appealed to this Court.