CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
AWOBIYI
APPELLANTS
IGBALAIYE BROTHERS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents, as landlords, were granted an order for possession of premises at 19 Oke Arin Street, Lagos. An appeal at the High Court was dismissed, hence this further appeal.
HELD
Appeal allowed.
ISSUES
RATIONES DECIDENDI
EXPIRATION OR OTHER DETERMNATION OF A TENANCY
Section 19(d) of the Recovery of Premises Act makes it necessary for the plaintiff to prove “the expiration or other determination of the tenancy with the time and manner thereof’, and where there is a conflict of evidence, we do not think that to say it is desirable that the magistrate should state clearly whether the required notices were served or not is putting it strongly enough. Per Brett JSC
CASES CITED
Addis v. Burrows [1948] I.K.B. 444, 452
STATUTES REFERRED TO
Recovery of Premises Act