Legalpedia Citation: (2010) Legalpedia (SC) 14434
In the Supreme Court of Nigeria
Fri Mar 5, 2010
Suit Number: SC.78/2001
CORAM
JOHN AFOLABI F ABIYI, JUSTICE, SUPREME COURT
PARTIES
MR. AMOS OKETADE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant is a tenant of the respondent and judgment was given for the appellant to vacate the premises. The high court on appeal granted a stay of that order. The respondent’s application to set aside the order of the high court was granted by the court of appeal. The appellant has further appealed
HELD
Appeal is dismissed and the stay of the High Court was rescinded
ISSUES
NONE
RATIONES DECIDENDI
RIGHT OF LANDLORD TO TERMINATE TENANCY
.
“A landlord has an unfettered legal right to terminate a tenancy upon giving adequate notice.” Per Tobi J.S.C
WHAT CONSTITUTES ADEQUATE QUIT NOTICE.
“What constitutes adequate notice is spelt out in the lease or tenancy agreement”. Per Tobi J.S.C
ISSUES THAT CAN BE RAISED ON PRELIMINARY OBJECTION.
“A point of law including that on jurisdiction, can be raised on a Preliminary Objection, if the point, will be decisive of the whole litigation”. Per OGBUAGU,JSC.
COMMENCEMENT OF ACTION – ONLY LEGAL PRACTITIONERS CAN FILE ACTIONS.
“By section 2(1) of the Act, the only person in the profession wearing his professional name to practice law in Nigeria is a Legal Practitioner and the definition of the Legal Practitioner in section 24 of the Act does not include OLUJIMI AND AKEREDOLU. This, to me, is not a mere technicality that can be brushed aside. It is fundamental to the judicial process as it directly affects the legal processes that brought this case on appeal.” Per Tobi J.S.C
CASES CITED
1. Everrettv. Ribbands [1952] 2 Q.B. 198 @ 206;
2. Obatoyinbo v. Oshatoba [1996J] 5 SCNJ. 1.;
3. Comptroller. Nigerian Prisons Services. lkoyi. Lagos & ors. v. Dr. Femi Adekanya & ors. (2002) 7 SCNJ. 299.
4. Messrs. NV. Scheep& anor. v. The MV “Saraz” & anor. (2000) 12 SCNJ. 24
5. The Registered Trustees of Avos to lie Church Lagos Arch-diocese v. Rahman Akindele [1967] NMLR 263 @ 265.
STATUTES REFERRED TO
1. Legal Practitioners’ Act
2. Constitution of the Federal Republic of Nigeria, 1999