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AYEBAKURO
V.
TARIAH & ORS

(2014) JELR 39896 (CA)

Court of Appeal 21 Feb 2014 Nigeria
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- This case is an appeal against a judgment of the Bayelsa State High Court. - The notice of appeal was filed against a non-existent suit and judgment, making the appeal speculative and incompetent. - The notice of appeal was signed by a fi

Case Details

Suit Number:CA/PH/551/2008
Judges: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
Counsel:M. S. Agwu, Esq. for the Appellant [Dike Udenna Esq. settled the Appellant's Brief] For Appellant F. O. Oso, SAN with D. D. Abdulkareem Esq. and Shonola Shoyinka Esq. For Respondent

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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