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A.S.COKER V. ADEYEMI ADETAYO & ORS.

(1996) JELR 42444 (SC)

Supreme Court  •  SC.219/1992  •  11 Jun 1996  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

BELGORE, JSC (Delivering the Leading Judgment): The appellant occupies the ground floor flat on a monthly tenancy basis at the rate of ₦45.00 per month. He was served a Notice to Quit under Recovery of Premises Law. The flat is in the premises of 5/7 Ajasa Street, Lagos. The tenancy had expired on 26th December, 1982 and by a Notice of the "Owners" Intention to Apply to Recover possession" of the said flat "now being held over and detained" by the appellant, the appellant was notified that the respondents would apply for Form 8 under Recovery of Premises Law if notice to quit given to the appellant on 26th November, 1982 was not complied with by 17th February, 1983 they would apply to Magistrate Court to ask for court order to take possession.

The plaintiffs, seven in number, are brothers and sisters of the same father who originally owned the property, it devolved on them at his death. The flat consists of a living room and two bedrooms and appurtenances and as earlier said was on ₦…

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