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AGIM, J.S.C. (Delivering the Leading Judgment): This appeal was commenced on 24/6/2009 when the appellant herein filled a notice of appeal against the judgment of the Court of Appeal at Lagos delivered on 8/5/2009 in appeal No. CA/L/859/2006 affirming the judgment of the High Court of Lagos delivered on 8/12/2000 in LD/148/93 and dismissing the appeal against it. The notice of appeal contains 5 grounds of appeal.
Both sides have filed, exchanged and adopted their respective briefs as follows - appellant’s brief and respondent’s brief.
The appellant’s brief raised the following issues for determination:
1. Whether the Court of Appeal was right in affirming the decision of the trial court that respondents pleaded and proved service of statutory “Notice of Breach of Covenant” (Exhibit E) and “Notice of Quit” (exhibit G) as required by the law.
2. Whether it was proper for the lower court to deviate from the original dispute before it and decided the appeal on an entirely different issue rais…