R.C.A. FETUGA VS BARCLAYS BANK D.C.O.
August 27, 2025OLUSEGUN ROTIMI & ORS. VS F.O. MACGREGOR
August 27, 2025Legalpedia Citation: (1970) Legalpedia (SC) 31110
In the Supreme Court of Nigeria
Fri Nov 13, 1970
Suit Number: SC 301/1969
CORAM
COKER, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
OBASEKE, JUSTICE, SUPREME COURT
PARTIES
NIGERIAN JOINT AGENCY LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant gave the respondent a notice to quit the premises in issue and put the expiry date to be the date of the anniversary of the tenancy rather than the eve of the anniversary.
HELD
The court held that though the notice to quit ought to have terminated on the eve of the anniversary of the tenancy, the notice is valid because the respondent suffered no prejudice by the act of putting the exipiry date a day later.
ISSUES
Whether the learned judge was right in concluding as he did that the expiry date of the tenancy was the 31st of May, 1967, and not the 1st of June, 1967 the anniversary of the tenancy and whether that fact invalidates the notice to quit.
RATIONES DECIDENDI
NOTICE TO QUIT
we are satisfied that whilst the plaintiffs should have put the date of determination of the tenancy at the 31st May, 1967, the defendants have not in any way been prejudiced by the act of the plaintiffs inputting the date one day later, i.e. 1st of June, 1967 which date is also the anniversary of the date of commencement of their tenancy. Per Madarikan JS.C.
CASES CITED
Sidebotham v. Holland [1895] 1 Q.B. 378
STATUTES REFERRED TO
