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MR. AKINTUNDE AROMIRE & ORS v. MR. IBRAHIM TAIWO AJOMAGBERIN & ORS

(2011) JELR 33899 (CA)

Court of Appeal  •  CA/L/825/2006  •  8 Mar 2011  •  Nigeria

Coram
IBRAHIM MUHAMMED MUSA SAULAWA JCA; ADAMU JAURO JCA; RITA NOSAKHARE PEMU JCA;

Judgement

I.M.M. SAULAWA, J.C.A (Delivering the Lead Ruling ): Indeed, it's a common knowledge, that the instant appeal was heard on 02/11/2010. The learned counsel adopted the respective briefs of argument thereof on the same day, thus resulting in reserving the appeal for delivery of judgment.

Most regrettably, however, in the course of writing the judgment, it was discovered that the notice of appeal, contained at pages 361-370 of the record of appeal, was signed by an unknown (unnamed) person for Kayode Sofola, SAN of Kayode Sofola's chambers, 2 Tinubu Square, Lagos. By implication, therefore, the notice of appeal in question is apparently incompetent.

Thus, it became imperative for us to order that the learned counsel to the respective parties be served with a hearing notice, with a view to addressing the court on whether or not the notice of appeal is competent. Gladly, the learned counsel did appear in court on 08/02/2011 and accordingly addressed us on the vexed issue in question.

The s…

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