WEMA BANK V. CRESTWOOD HOLDINGS LTD

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal arose from the ruling delivered by the Lagos State High Court of Justice, Ikeja Division, on 22nd June, 2011. The appellant had challenged the action of the respondent on the ground that the said action, having been constituted as a maritime and admiralty matter, the Court below, had no jurisdiction to entertain and determine it. The learned trial judge agreed with the appellant's contention to the effect that the respondent's action could not be determined by him, because it is the Federal High Court, that possessed the exclusive jurisdiction to adjudicate over it. The learned trial judge, after having declined jurisdiction to entertain the aforesaid respondent's action, transferred it to the Federal High Court, for its determination. The appellant's grouse against that decision, is that the learned trial judge, having declined jurisdiction over the respondent's action, ought to have struck it out and not transf…