The facts relevant for the determination of this appeal are these. The appellant and three others, as defendants filed a Motion on Notice wherein they contended that the plaintiff/respondents suit in an Ibadan High Court was incompetent, since the said plaintiff/respondent was in Receivership. Their contention was that the plaintiff/respondents suit could only be commenced by a Receiver. They urged the trial judge to strike out the suit.

The learned trial judge heard both sides and dismissed the motion. With that dismissal of the motion on Notice, the coast was clear for the plaintiff/respondent to proceed with his case.

The appellant was not satisfied with the Ruling, so he filed an appeal. The appeal was heard by the Court of Appeal, Ibadan Division. That Court agreed with the trial Court and dismissed the appeal.

The appellant was still not satisfied, this time with the judgment of the Court of Appeal, and so he filed an appeal to this Court.