LEGAL NUGGETS (42): Effect Of Failure To Give A Tenant Adequate Notice.By Adedotun Habeeb Adetunji LL.M (M.IoD), FCAI.

"Even where a tenancy has come to an end a landlord is not entitled to go into the premises and physically throw out the tenant..."

ONIGBO vs. ABUBAKAR & ORS.(2018)LPELR-46473(CA)

ISSUE: NOTICE TO QUIT: Effect of failure to give a tenant adequate statutory notice

PRINCIPLE:
"Exhibit P2 is a one month notice to quit the rented building issued to the Appellant by the Respondents. It is dated 30/04/2013. The Respondents having accepted the money for the period January 2013 to December 2013, they are duty bound to allow the Appellant to use the property for that period. Even if the Respondents intend to recover the property the Appellant is entitled to be served with six months' notice on the expiration of his tenancy and I so hold. In ELIOCHIN NIG. LTD. & ORS. V. MBADIWE (1986) LPELR 1119-SC the Apex Court held that:- "Even where a tenancy has come to an end a landlord is not entitled to go into the premises and physically throw out the tenant; but must give the statutory notices to the person in possession." Based on the above therefore, Exhibit P2 (the one month notice to quit) served on the Appellant is of no moment and amounts to the breach of the contract by the Respondents."Per BAYERO, JCA.(Pp.42-43,Paras.B-A).