ONWUNALI
V.
THE STATE

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The appeal against the judgment of the High Court was struck out at the Federal Court of Appeal because the notice of appeal was wrongly headed. The Court of Appeal cited the judgment of this court in Addis Ababa and Anor. v. Adeyemi (1976) 12 S.C 51.

In Nofiu Surakatu v. Nigerian Housing Development Co. Ltd. (1981) 4 S.C. 26, this court set aside the decision in Addis Ababa (supra). In that circumstance, this appeal succeeds and it is allowed. The appeal will therefore be remitted to the Court of Appeal to be heard on the merits.

C. IDIGBE, J.S.C.: When their Lordships of the Federal Court of Appeal struck out this appeal it was in order for them to do so by virtue of the decision of this court in Addis Ababa and Anor. v. Adeyemi (1976) 12 S.C. 51. However, this court three years later overruled the case of Addis Ababa (supra) in Surakatu v. Nigerian Housing Development Society (1981) 4 S.C. 26. In the circumstances it is wron…