ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the final decision of the Court of Appeal (hereinafter referred to as the court below) arising from an interlocutory decision of Gbadeyan, J. of the High Court of Justice of Kwara State holden at llorin, wherein the preliminary objection of the defendants, herein appellants, to the competence of the suit as well as the jurisdiction of the trial court to entertain same, was dismissed.
The background facts of the case that culminated in the appeal may be briefly stated as follows:
In the case which began as an off-shoot of another action No. KWS/215/88 herein on appeal and whose history is tortuous, the plaintiff now respondent, obtained a loan from the 3rd defendant/appellant, a banking institution, Although the loan was still outstanding and the respondent claimed it was not due for repayment, the 3rd defendant/appellant proceeded to appoint the 2nd defendant/appellant as the receiver/manager of the resulting de…