TENANCY- WHETHER SERVICE OF A NOTICE TO QUIT IS MANDATORY WHERE TENANCY IS FOR A TERM CERTAIN
Topic starter September 10, 2019 11:52 am
“Section 7 of the Recovery of Premises Law CAP 118, Laws of Lagos State 1973 (“the RPL”) provides that:-
When and as soon as the term or interest of the tenant of any premises determines or has been duly determined by a written notice to quit as in Form B, C, or D, in schedule 1 to this Law such tenant or if such tenant does not actually occupy the premises or only a part thereof is actually occupied, neglects or refuses to quit and deliver up possession of the premises or any part thereof, the landlord of the said premises or his agent may cause the person or neglecting or refusing to quit and deliver up possession to be served with a written notice as in Form E signed by the landlord or his agent of the landlord’s intention to proceed to recover possession on a date not less than seven days from the date of service of the notice.
From the said provision all the respondent needed provide was service of seven days to the appellant and that was done. That position was affirmed by this court in the case of Iheanacho v Uzochukwu (1997) 2 NWLR (Pt.487) 269-270.” PER M. U. PETER-ODILI, J.S.C., in
CHEMIRON INTERNATIONAL LIMITED V STABILINI VISINONI LIMITED
2018] legalpedia SC. 545/2015