FESTUS L. ADEWUNMI V. PLASTEX NIGERIA LIMITED

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…