OYEKOYA V. G.B. OLLIVANT (NIG) LTD.

• Pages: 69-73

OYEKOYA V. G.B. OLLIVANT (NIG) LTD.

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69

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OYEKOYA V. G.B. OLLIVANT (NIG) LTD.

A. 0. OYEKOYA

V

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G.B. OLLIVANT (NIG.) LTD.

SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

LEWIS,

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J.S.C.

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MADARIKAN,

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J.S.C.

21st February, 1969.

APPELLANT

RESPONDENT

SUIT NO. SC 55

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966

Land Law - Landlord and Tenant - Unlawful ejectment - One months notice to

licensee - Notice tnust be reasonable if no agreement - Under agreement takes

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effect at end of month follow* current month - Nominal general damages

of £100 for ejectment 14 dap early.

ISSUES:

1.

What is proper notice to a !leer see?

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2. How does one compute one month's notice in a landlord and tenant

relationship?

3. Whether a licensee has any rights against a licensor who ejects him before the

expiration of reasonable time.

FACTS:

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The plaintiff claimed damages for unlawful ejection and trespass by the de-

fendant as he was ejected before proper notice had expired. The High Court held

that the notice was sufficient as it was over 30 days. The plaintiff appealed.

HELD:

1. The plaintiff was entitled to one month's notice and the month must expire at

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the end of a current month so that, since the notice was given on the 2nd March,

1962, if it had been properly worded it would have expired at the earliest on

the 30th April, 1962, i.e. in 59 days. The plaintiff was therefore wrongly ejected

some 14 days before the earlie

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3t time he could have been rightly ejected with

a proper notice and was entitled to damages accordingly.

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2. Apart from agreement a licensee is entitled to a reasonable time before the

licence is determined and if it is determined earlier the licence is revoked but

if the licensor ejects the licensee prior to the expiration of a reasonable time

then he must pay damages.

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CASES REFERRED TO IN JUDGMENT.

1.

Yaskey v. The Freetown City Council

1 W.A.C.A. 297.

2.

Mobil Oil (Nigeria) Limited v. Johnson

(1961) All N.L.R. 93.

3.

Minister

of Health v. Bellotti and Holiday

(1944) 1 All E.R. 238.

5.

Precious v. Reedie

(1924) 2 K.13. 149.

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Sotubo

for Appellant.

Coker

for Respondent.