The respondent, who was the plaintiff before the trial court claimed in paragraph 13 of his statement of claim jointly and severally against the appellants as defendants therein in the following terms:-

On 19-9-97, G. A. Adetola-Kaseem Esq, learned counsel for the appellants, filed a notice of preliminary objection dated 16/9/97 challenging the jurisdiction of the trial court, in limine, to entertain the suit. He relied on the provision of Section 230 of the Constitution of the Federal Republic of Nigeria, 1979 as amended by the Constitution (Suspension and Modification) Decree No. 107 of 1993.

After due arguments by learned counsel on both sides, the learned trial Judge, in his considered ruling of 15/5/98, over-ruled the objection and in effect, assumed jurisdiction to entertain the suit.

The appellants felt dissatisfied with the stance taken by the trial Judge. They filed their notice of appeal dated 26/5/98 on the same date complaining against the whole decision.