MR. FRANK YANDY V. ALHAJI UMAR NA ALHAJI LAWAN & SONS LIMITED

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This appeal is against the decision of the High Court of Borno State contained in a Ruling delivered by Honorable Justices A. G. Wakkil and M. S. Umara in Suit No BOHC/MG/CVA/22M/2015 on the 5th of October, 2015. The facts of the case as can be garnered from the records of appeal are that the Appellant was a tenant of the Respondent on a landed property situate along Shehu Laminu Way, opposite NITEL Office, Maiduguri, Borno State and that the Appellant rented a portion of the property in 1998 for organizing tutorial lessons/school for students. Sometime in 2007, the Appellant, with the consent of the Respondent, changed the use of the rented property to carrying on of GSM business.

Sometime in 2012, the Respondent became desirous of renovating the entire property, including the portion let to the Appellant, and it served on the Appellant a notice to quit and consequent on which the Appellant commenced an action in…