Facts:

On 6th October 1970, the respondent and members of his music group “Green Spot Band” entered into a five year term agreement with the 1st appellant in respect of some musical works of the respondent and his music group. The respondent asserted that upon expiration of the agreement, the 1st appellant deliberately refused to return the master tapes of the respondent’s musical works despite several demands for their return. Instead, the 1st appellant and the 2nd appellant (both sister companies) continued to manufacture, reproduce and distribute the respondent’s musical works. Aggrieved, the respondent sought damages for breach of contract and continuous infringement of his copyright in the musical works, injunctive orders, and several alternative reliefs.
On the other hand, the appellants’ case was that the agreement between the 1st appellant and the respondent was still valid and subsisting. They asserted that by the agreement, the 1st appellant had the right to continue to manufacture, reproduce, and distribute the musical works of the respondent without any interference by the respondent. Therefore, the 1st appellant counter-claimed against the respondent.
It sought a declaration that the agreement was still subsisting and that the respondent’s suit was an abuse of court process. In its judgment, the trial court found for the respondent on some of his claims against the appellants, and dismissed the 1st appellant’s counter-claim. Dissatisfied, the appellants appealed to the Court of Appeal. However, the respondent filed a preliminary objection challenging the competence of the appellants’ notice of appeal because the legal practitioner who signed the notice of appeal did not affix his NBA stamp and seal on it.