The appellant filed a motion on Notice dated 28/6/91 praying an order of the lower court, striking out the suit, or in the alternative remitting the suit back to the Chief Judge of Kwara State for re assignment within the Ilorin Judicial Division, on the grounds that the High Court of Omuaran had no jurisdiction to entertain the suit. It is pursuant to state that the trial in this suit commenced on 26/6/89 before Fabiyi J sitting at court No 5 in Ilorin Judicial Division. Sometime in 1990 the trial Judge was transferred from Ilorin Judicial Division to Omuaran Judicial Division by which time the case has reached the stage of defence. Upon a directive of the Chief Judge of the state that all cases which were partly heard by the presiding Judge hitherto handling them at their old stations should be taken to their new stations and concluded there. Fabiyi J complied and continued to hear this case at the Omuaran Judicial Division. At a later state a letter of re transfer of the case to Ilorin Judicial Division was written by the defendant/appellant to the Hon Chief Judge but the application was not successful. In the end Fabiyi J went to Kogi state as a Judge of that state Obadayan J succeeded Fabiyi J at Omuaran and inherited this suit.

After taking several stages before Hon. Justices Fabijyi and Obadayan respectively at Omuaran the defendant/appellant brought formal application challenging the jurisdiction of the court to hear the suit at Omuaran Judicial Division. After full arguments had been taken by the court the court in a considered ruling delivered on 13/4/92 held that it had jurisdiction to entertain the suit and set same down for trial, thereby overruling the objection of the defendant/appellant. Dissatisfied with this Ruling the defendant/appellant appealed to this court on 3 grounds