The plaintiff Bank, International Bank of West Africa Ltd., sued the defendants Companies, Imano (Nig.) Ltd. and Unity Life Insurance Company Ltd., in a Lagos High Court claiming against them as per the indorsement on its writ of summons as follows:-

After pleadings had been filed and exchanged the case proceeded to trial before C.A. Johnson C.J. At the trial the plaintiff called evidence in support of his claim. Both defendants called no evidence. In his judgment dated 30th October, 1985 the learned Chief Judge found for the plaintiff against the defendants as follows:-

"I hereby enter judgment in favour of the plaintiff jointly and severally against both defendants in the sum of N139,351.39 with costs to be assessed."

The defendants both of them being dissatisfied with the judgment appealed against it to the Court of Appeal, Lagos Division. It is not necessary at all to go into the complaints of the defendants against the judgment for this appeal turns on noth¬ing in that direction.

After the defendants' appeal has been entered in the Court of Appeal, the re-spondent to the appeal, the plaintiff bank filed a Notice of objection.

The Court of Appeal, unanimously overruling the objection, ruled that defendants counsel is competent to appear for the 2nd defendant company since it was not es¬tablished that he received director's fees.

Dissatisfied with the ruling plaintiffs appealed to the Supreme Court.