AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal from an interlocutory ruling of Idahosa, J. of Edo State High Court sitting at Benin City in Suit No. B/l 91/94., delivered on 1 st day of August, 1994, wherein he refused and struck out with no orders as to costs the application of the applicant for a transfer of this divorce suit from Benin City to Lagos, for hearing and determination there.
The facts of this case are that the present respondent had filed a divorce Petition against his wife (who is now the appellant) at the Benin High Court claiming dissolution of their marriage together with other ancilliary reliefs. After pleadings had been filed, the wife who will hereinafter be referred to as the appellant filed an application at the High Court in Benin, pursuant to Order 111 Part 2 rule 4 of Matrimonial Causes Rules, 1988, Section 9 of the Matrimonial Causes Act, 1970 and under the inherent jurisdiction of the Court for the following orders of that court:-
"(a) …