G. S. SOWEMIMO, J.S.C (Delivering the Leading Judgment): The Federal Court of Appeal, Enugu dismissed this appeal because the notice of appeal was wrongly headed. That was the law before the decision of this court in Nofiu Surakatu v. Nigerian Housing Development Society (1981) 4 S.C. 26 which set aside the Addis Ababa case.
The appeal therefore succeeds and it is allowed. The judgment of the Federal Court of Appeal is hereby set aside. The appeal is remitted to the Federal Court of Appeal, Enugu to be heard on the merits.
C. IDIGBE, J.S.C.: The Federal Court of Appeal, acting on the decision in Addis Ababa v. Adeyemi (1976) 12 S.C. 51, struck out this appeal. The decision in Addis Ababa (supra) was overruled two years later by this court in Surakatu v. Nigerian Housing Development Society (1981) 4 S.C. 26 when it held that it is not in the interest of justice for appeals to be struck out, and hearing thereof thereby prevented, merely on the ground that forms and notices of appeal wer…