Facts:

The appellant filed this appeal after the order to transfer Suit No. LD/1943/93 to the Federal High Court by Rhodes-Vivour J. (as he then was) of the High Court of Lagos State; after upholding the preliminary objection of the defendant that he lacked jurisdiction to entertain the suit and instead of striking out the matter proceeded under section 22(3) of the Federal High Court Act Cap.134 Laws of the Federation of Nigeria 1990 to transfer it to the Federal High Court.

The plaintiff/appellant took out a Writ of Summons against the defendant/respondent in the High Court of Lagos State claiming the following reliefs:-