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Okeke Anadi v. Okeke Okoli

(1977) JELR 42494 (SC)

Supreme Court  •  SC.7/76  •  18 Mar 1977  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; AYO GABRIEL IRIKEFE JSC; CHUKWUNWEIKE IDIGBE JSC;

Judgement

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): On Wednesday the 16th day of March, 1977 we struck out this appeal on the ground that it is incompetent and said we would give our reasons for doing so later. We now do so. We think we should begin by making it clear that this Court very much deprecates the rather increasing habit of some counsel who appear before us of showing very little care in the way and manner papers relating to appeals in this Court are got up. Some counsel hardly take sufficient pains in drawing up the grounds of appeal set down in the Notice of Appeal from the decision of the lower Court. The Notice of Appeal is a very important document because it is the foundation of the Appeal and if it is defective the Court of Appeal has inherent power to strike it out on the ground that it is incompetent. (See for example where, there being no right of appeal, in law at all, the appeal was struck out as being incompetent: AVIA GENTS LTD v. BALSTRA VEST Investments Ltdā€¦

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