This appeal from the facts, raises, an interesting constitutional question or point. The Appellant in the High Court of Lagos State, Ikeja Judicial Division, in suit No. ID/768/96 (not 786) as appears in the judgment of the Court of Appeal, Lagos Division - (hereinafter called "the Court below"), 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 on14thApril l997. The grounds of the objection are:

After hearing arguments from both learned counsel for the parties, the learned trial Judge - Holloway, J in his ruling of 4th June, 1999, held that the said suit, was not an abuse of the process of that Court. That most of the complaints, involve the operation of the Company & 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.

The Respondent being dissatisfied with the said Ruling, appealed to the Court below, which in its said judgment delivered on 11th June, 2001, allowed the appeal and set aside the said orders of the trial Court. In their place, it made an order striking out the said suit. It is against the said decision, that the Appellant, has brought the instant appeal.