MUKHTAR, J.C.A. (Delivering the Leading Ruling): The preliminary objections to the appeal before us, brought under Order 3 r 15 of the Court of Appeal Rules and S. 22(4) of the Federal High Court Act Cap 134 Vol. 8 Laws of the Federation of Nigeria 1990 are as follows: -
1.The Court of Appeal has no jurisdiction to entertain the appeal because by S. 22(4) of the Federal High Court Act Cap 134 Vol. 8 Laws of the Federation 1990, an order for transfer of suits from one Federal High Court to another does not provide for appeal.
Particulars
The Federal High Court Ibadan made an order transferring the appellant's case from Federal High Court Ibadan to Federal High Court Calabar for hearing and adjudication under section 22(1) Federal High Court
2.By section 22(4) of the Act there is no right of appeal by the parties on the order for transfer.
3.The appeal is incompetent and cannot be sustained and or maintained.
An affidavit in support of the preliminary objection was filed, to wit a counter - a…