CHIEF REGINALD F. AYEBAKURO V. CHIEF SAMBO AYESA TARIAH & ORS

EJEMBI EKO, J.C.A.:(Delivering the Leading Judgment): This appeal, against the purported judgment of Bayelsa State High court delivered on 27th June, 2007 in the suit no YHC/13/99, was commenced by the notice of appeal filed on 24th July, 2007. The correct and proper suit number on the writ and the Judgment is BHC/13/99. The notice of appeal appears to be against a non-existent suit and the judgment therein. That would make the appeal to be speculative and incompetent. The notice of appeal was settled and signed by ""B.F. Omidina and Co", appellant's solicitors of 11/12 Peter Odili Road, Port Harcourt. There is no evidence that B.F. Omidina and Co is a name of a legal practitioner registered in the Supreme Court to practice law in Nigeria under the Legal Practitioners Act.

At the hearing of the appeal on 29th January, 2014 we drew the attention of M.S. Agwu, appellant's counsel, to the fact that his notice of appeal was signed neither by the appellant himself nor by any known legal pr…