AWE V. SAIDI

• Pages: 426-430

AWE V. SAIDI

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426

In the circumstances, since both sides appear reasonably satisfied on this ar-

rangement, we award the sum of £923:2:4d on item (iii) above.

In the net result, we dismiss the appeal of the appellants and allow the respond-

ents cross-appeal and set aside the award made by the learned Chief Justice.

The following order will be made -

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Judgment will therefore be entered for the plaintiff in Suit No.B/4

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/

1

964 in

the High Court of the Benin Judicial Division for the sum of £1,846:10:4d and

120 guineas costs and this will be the judgment of the Court.

Costs of this appeal in favour of the respondent are assessed at 50 guineas.

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Appeal dismissed: Cross-appeal

on

damages allowed

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AWE V. SAIDI

EMMANUEL A. AWE

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APPELLANT

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V

THAM SAIDI

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RESPONDENT

SUIT NO. SC 24/1967

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

COKER,

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J.S.C.

LEWIS,

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J.S.C.

22nd December, 1969.

LandLaw - S.8 and S.9 of Recovery of Premises Act - Notice to

tenancy may be given at any time at least 6 months before

expiry of tenancy to take effect on that date.

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terminate yearly

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annual date of

Words and Phrases - Meaning of "at any time" in s.9 of Recovery of Premises

Act.

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ISSUES:

1.

What is the interpretation of section 9 of the Recovery of Premises Act.

2.

When should notice to terminate a yearly tenancy be given?

FACTS:

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The plaintiff claimed possession of his property on the ground that the defend-

ant was in arrears of rent. The Magistrate was satisfied that all the statutory no-

tices had been served and he granted an order of possession. The defendant's

counter-claim was struck out. He appealed to the High Court which agreed with

the judgment of the Magistrate. He appealed further to the Supreme Court.

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HELD:

1. The interpretation of Section 9 of the Recovery of Premises Act is that the notice

to quit may be given at any time earlier than the date which will fit it in for a

week, in case of a weekly tenancy, a month, in case of a monthly tenancy, or

six months in case of yearly tenancy; but if given on a date which will make it

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less than the necessary period of a week, a month or six months as the case

may be, the notice is ineffective.