Recovery of Premises (56)
HELD:
"Of note also is that the tenancy of the appellant was for a certain term of three (3) years and by virtue of Section 7 of the Recovery of Premises Law CAP. 118, Laws of Lagos State 1973 there was no necessity to serve a notice to Quit before initiating a recovery of premises action when the tenancy as in the case at hand is for a term that is certain.
HELD:
"Getting back to the mesne profit which the appellant admitted in its pleading paragraph 7 and by that admission, the respondent needed do nothing else in proof therefore.
HELD:
"The expression "mesne profits" is used to describe the sum due to a landlord from the time his tenant ceases to hold the premises as tenant to the time such tenant gives up possession. See Debs v. Cenico Nigeria Ltd. (1986) 3 NWLR (Pt.32) 846.
HELD:
"And what is more, a lease is an exact legal transaction affecting an estate and the law requires some basic requirements.
HELD:
"It is not disputed that a tenancy at will is determinable by seven days notice of intention of the landlord to recover possession which was duly complied with in this case.
HELD:
"A tenancy at will, which is held by a tenant at will, generally conveys a mutual wish or intention on the part of the tenant and the landlord in the occupation of the estate.
HELD:
"An act of a new tenancy is conscious and specific one which must be a subject of bilateral conduct on the part of the landlord and tenant.
HELD:
"While I agree that a tenancy at will can be convened to a yearly tenancy and vice-versa, the position in this case is that it is the yearly tenancy that was converted to a tenancy at will.
HELD:
"In paragraph 4 of the Plaintiffs statement of claim, he averred thus- "The Plaintiff was at all times material to this a rent paying tenant of the 1st defendant and occupied one of the two top most flat in the two storeyed building of the 1st defendant at No. 14 Ebute Street Amudo Village Awka."
HELD:
"The relationship of the Respondent and the Appellant is that of a landlord and a tenant based on monetary consideration. A "landlord" is "one who leases real property to another - also termed ...lessor..." See Black's Law Dictionary, 9th edition, page 957.