PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Edo State sitting in Benin City delivered on the 10th day of November 2011, whereby the learned trial Judge affirmed the decision of the trial magistrate. Dissatisfied with the said Judgment, the Appellant who was the defendant in the Court below filed this appeal.
FACTS OF THE CASE:
The Respondent is the owner of a piece of land measuring 60 feet by 100 feet, situate at No. 44, Urubi Street, Benin City. By a lease agreement dated 1st April, 2004, the Respondent leased out the said land to the Appellant for an initial term of six months subject to renewal at N90,000 payable in advance and valid for six months. By the said lease agreement which was admitted into evidence, both parties are at liberty to terminate the tenancy provided a three month-notice is given to either party.
The Respondent thus issued to the Appellant, a three-month notice to quit on the 31st of A…