(2014) JELR 39896 (CA)    

Court of Appeal  ·  CA/PH/551/2008 ·  21 Feb 2014 ·  Nigeria
MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
notice of appeal
original notice of appeal
amended notice of appeal
b.f. omidina
findings of fact
ibokolo family
founder of akakumama
leave of court
supreme court
1st defendant
demeanour of witnesses
descendant of ovo
learned trial court
port harcourt
attention of m.s. agwu
conflicting evidence of traditional history
court of appeal rules
cross-examination of dw
ejembi eko
evidence of dw
evidence of traditional history of the parties
further grounds of appeal
general trend
hearing of the appeal
king of akakumama
leading judgment
main reasons
name of a legal practitioner
preponderance of evidence
principle of audi alteram partem
purported judgment of bayelsa state high court
records of appeal
rules of this court
said 17th february
said amendment of that invalid notice of appeal
traditional evidence
traditional history of the parties

EJEMBI EKO, J.C.A.:(Delivering the Leading Judgment): This appeal, against the purported judgment of Bayelsa State High court delivered on 27th June, 2007 in the suit no YHC/13/99, was commenced by the notice of appeal filed on 24th July, 2007. The correct and proper suit number on the writ and the Judgment is BHC/13/99. The notice of appeal appears to be against a non-existent suit and the judgment therein. That would make the appeal to be speculative and incompetent. The notice of appeal was settled and signed by ""B.F. Omidina and Co", appellant's solicitors of 11/12 Peter Odili Road, Port Harcourt. There is no evidence that B.F. Omidina and Co is a name of a legal practitioner registered in the Supreme Court to practice law in Nigeria under the Legal Practitioners Act.

At the hearing of the appeal on 29th January, 2014 we drew the attention of M.S. Agwu, appellant's counsel, to the fact that his notice of appeal was signed neither by the appellant himself nor by any known legal pr…

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