Simeon A. Oladimeji V. Prudent Stockbrokers Limited & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADAMU JAURO, JCA (Delivering the Lead Ruling)

The notice of appeal in respect of this appeal dated 7th June, 2004 and contained on pages 126 to 133 of the record of proceedings, was signed by an unnamed person for Olatunde Adejuyigbe Esq, appellant’s counsel. Consequent upon this discovery, the parties in this appeal were invited to address the court as to the competence of the notice of appeal.

Mr. Olatunde Adejuyigbe for the appellant, stated that the notice of appeal was signed on his behalf by Miss. Oluwabunmi Jolaoso, though her name was not stated therein. Learned counsel submitted that any non compliance with the Rules of Court can be waived for the benefit of hearing the appeal pursuant to Order 19 Rule 3 of the Court of Appeal Rules 2007. Learned counsel urged the court to take a cue from the cases of Ogundele v. Agiri (2009) 18 NWLR (Pt.1170) 219 at 246 – 247 and Ogunsakin v. Ajidara (2008)6 NWLR (Pt. 1082)1 at 24 and 35, with a view of saving the appeal, learned counsel concluded by urging the court to hold that the notice of appeal is competent.

Mr. J. A. Badejo SAN for the 1st Respondent, conceded that the name of the person who signed the notice of appeal was not indicated on the face of it, hence it is incompetent, learned senior counsel however, urged the court to waive the non compliance and allow counsel to sign the notice of appeal. Learned counsel for the 2nd respondent, was not in court to make any contribution, though served healing notice on 3rd November, 2010.

The requirement of the law is that a notice of appeal should be signed by the appellant or his legal practitioner. See Form 3 of the first schedule to the Court of Appeal Rules 2007. The notice of appeal in contention at page 133 of the record was signed thus:

Sgd

F: OLATUNDE ADEJUYIGBE

PP: OLATUNDE ADEJUYIGBE & CO.

APPELLANT’S COUNSEL

19. UNITY ROAD

IKEJA, LAGOS.”

From the endorsement reproduced above, the notice of appeal was not signed by the appellant. The next issue worthy of consideration, is whether it can be said to have been signed by the legal practitioner representing the appellant.

At this juncture, I deem it necessary to make reference to the Legal Practitioner’s Act, Cap 207, LFN 1990. Section 24 of the aforementioned Act defines a Legal Practitioner as:

“a person entitled in accordance with the provisions of this Act to practice as a barrister or as a barrister and solicitor, either generally or for the purpose of any particular office proceeding.”

Section 2(1) of the same Act provides thus: