AFRIBANK PLC
V.
KOKATEX COMMERCE GENERAL LTD

IBIYEYE, JCA (Delivering the Lead Judgment): This appeal arose from the decision of Abutu J. of Federal High Court Benin in suit No. FHC/B/12/97 filed by the plaintiff, now respondent, against the defendant, now appellant wherein the respondent seeks a number of reliefs, including a declaratory order, injunction, special and general damages. Sequel to the filing of the writ of summons and the statement of claim by the respondent, the appellant on the 7th of May, 1997 filed a motion on notice, praying the trial court for an order transferring the said suit from its court to the State High Court which has jurisdiction. The learned trial Judge, in a reserved ruling delivered on the 26th of September, 1997, dismissed the application. The appellant was dissatisfied with this ruling and appealed to this court on two grounds of appeal. Briefs of argument were filed and exchanged between the parties in compliance with the rules of this court. The appellant identified only one issue from its…