GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of S. O. Oigbokie, J. of the Benin Judicial Division delivered on 20/7 /2010.
On 22/2/2010 the respondent filed a motion on notice at the High Court of Edo State, Benin Division, against the appellant seeking an order setting aside the order of custody granted in favour of the appellant by the High Court of Edo State, Ekpoma Judicial Division in Suit No. HEK/41D/06 on 26th February, 2008.
Upon service of the aforesaid motion on him, the appellant on 15th March, 2010 filed a motion challenging the jurisdiction of the lower Court to hear and determine the aforesaid motion.
The trial court heard the aforesaid appellant's motion and in a reserved ruling delivered on 20th July, 2010 it dismissed the motion.
Being dissatisfied with the aforesaid ruling, the appellant on 27th July, 2010 filed his appeal against it.
In his Ruling the trial Judge after hearing parties to the application con…