ADAMU JAURO, J.C.A. (Delivering the Lead Ruling): The appeal herein was heard and judgment reserved. In the course of writing the judgment, it was discovered that the notice of appeal at page 290 of the record, was wrongly headed "In the High Court of Lagos State" instead of ''In the Court of Appeal''. As a consequence of this discovery, all parties involved in the appeal were invited to address the court as to the competence of the said notice of appeal.
On the date slated for the address, namely 19/2/10, Mr. Dayo A. Johnson leading Mr. J. Akolade for the appellant, initially applied for adjournment to enable him file an application to amend the notice of appeal. Subsequently however, learned counsel decided to address the court as to the competence of the notice of appeal. Learned counsel submitted that the wrong heading on the notice of appeal is not fatal or fundamental as to warrant the striking out of the appeal. Learned counsel further submits that the form in which the appell…