Plaintiff let his house situate at 6 Church Road, Sabon Gari, Kano, to the defendant on a month to month tenancy. In an effort to determine the tenancy, the plaintiff sent a quit notice to the defend¬ant through his Solicitor.

Based on the defendants insistence not to vacate the house, the plaintiff instituted an action in the Kano State District Court claiming possession, arrears of rent and mesne profits but later withdrew the claim for arrears of rent and mesne profits.

Defendants raised the issue of jurisdiction of the Dis¬trict Court to hear the matter as the house in dispute was residential and not a business premises. The District Judge held that he had jurisdiction because the premises were business premises and ruled in favour of the plaintiff.

The defendant appealed to the Kano High Court and the Court in its appellate jurisdiction allowed the appeal, holding that the Kano District Court had no juris-diction to entertain the suit.

The plaintiffs appealed to the Federal Court of Appeal. The Court refused an application made by the defendant for an extension of time within which to cross appeal and they allowed the plaintiff's appeal, set aside the High Court's judgment and restored the judgment of the District Court which granted possession to the plaintiffs.

The defendant thus appealed to the Supreme Court.