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AFRIBANK NIGERIA PLC v. MEDICAL CONSULTANT SERVICES LTD

(2010) JELR 37620 (CA)

Court of Appeal  •  CA/L/73/02  •  26 Jan 2010  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): When this appeal came up for hearing, the court discovered that the notice of appeal at pages 99 - 106 of the record of appeal was headed "IN THE HIGH COURT OF LAGOS STATE, IN THE LAGOS JUDICIAL DIVISION, HOLDEN AT TAFAWA BALEWA SQUARE COMPLEX, RACE COURSE, LAGOS" and asked counsel to address it on its competence. Appellant's counsel urged the court to apply S.16 of the Court of Appeal Act and amend the notice of appeal while respondent's counsel argued that as the notice of appeal was not addressed to the Court of Appeal, its jurisdiction has not been activated. He urged the court to strike out the incompetent notice of appeal.

Order 1 Rule 4 of the Court of Appeal Rules 2007 prescribe as follows:

"4. The forms set out in the first and second schedules to these Rules or forms as near thereto as circumstances permit, shall be used in all cases to which such forms are applicable."

The form relevant to notice of appeal is F…

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