OGBUAGU, J.S.C. (Delivering the Leading Judgment): This is an appeal by the plaintiff/appellant against the judgment of the Court of Appeal, Benin division, delivered on 12th July, 2000 setting aside the ruling of Abutu, J of the Federal High Court and ordering the transfer of the substantive suit to the Delta State High Court for hearing and determination.
The appellant claimed in the writ of summons taken out on 10th October, 1996, as follows:
"The defendant which carries on banking business nationwide has offices in Benin within the jurisdiction of this honourable court.
Sometime in 1990, the defendant while carrying on its banking business forwarded to the plaintiff an irrevocable documentary letter of Credit No. K16167/65626 established in Belgium and by a letter dated 12/10/90 the defendant advised and confirmed the authenticity of the letter of credit. Pursuant 10 the defendant advices and confirmation the plaintiff adopted the letter of credit and exported Iroko furniture comp…