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ADEWUNMI
V.
PLASTEX NIGERIA LTD.

(1986) JELR 42596 (SC)

Supreme Court 20 Jun 1986 Nigeria
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- The case involves an appeal by the defendants, Plastex Nigeria Ltd., against a judgment in favor of the plaintiff, Festus L. Adewunmi, in a dispute over a business premises. - The defendants' counsel initially filed an application seeking

Case Details

Suit Number:SC.26/1985
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria
Counsel:G.O.K. Ajayi SAN (with him Chief Oye Iyanda) For Appellant Tanimola A. Molajo For Respondent
Other Citations:Adewunmi v. Plastex (1986) NWLR (Pt. 32)767

COKER, JSC (Delivering the Leading Judgment): The point in this appeal is short and direct and has aptly been stated in the Appellant's brief in the following words:-

"The Court of Appeal had held that counsel's duty was to prosecute the appeal, and not to withdraw it without express authority from the Defendant (hereinafter called "the Respondent"). The Appellant contended that it fell within the scope of counsel's implied authority, and that the withdrawal was therefore binding on the Respondent."

The facts of the case are as follows:-

The appellants, Plastex Nigeria Ltd., were the defendants in the High Court of Lagos State. They were tenants of the Plaintiff, Festus L. Adewunmi, in respect of a business premises described as Bournville House Iju Waterworks Road, Ifako, Agege in the Lagos State. The landlord took out a writ of summons for recovery of possession of the premises on grounds of arrears of rent and breach of covenant of tenancy agreement. The Plaintiff filed a Statement…

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