AWOBIYI & SONS V. IGBALAIYE BROTHERS

BRETT, J.S.C. (Delivering the judgment of the Court)

This is an appeal from the decision of De Lestang C.J. Lagos, upholding the judgment of the Magistrates’ Court by which the respondents, as landlords, were granted an order for possession of premises at 19 Oke Arm Street, Lagos. The proceedings were brought under the Recovery of Premises Act, and the appellant submits first that the respondents failed to prove that the statutory notice to quit by which they purported to terminate the tenancy was duly served on him, and secondly that the notice was in any case bad. The respondent sought to prove service of the notice by the evidence of Abudu Lasisi Awokoya, a law clerk in the chambers of counsel for the respondent. He gave evidence on the 21st September, 1961, and said among other things-”I know the defendants. On the 30th September, 1960, I served him with 2 copy of this notice-put in and marked Exhibit C. I served the 1st defendant personally ... I served the 1st defendant in his ho…