CaseLaw
Evelyn Ehwrudje V. Warri LG & Anor (2016) CLR 2 (h) (SC)
Judgement delivered on February, 26th 2016
Brief
Facts
The 1st respondent was at all material times the owner of all the stalls at Igbudu Market, Warri and the 2nd respondent its tenant at Shed No.1052 (formerly known as Shed No.1338).In 1987, the 2nd respondent allowed the appellant use her stall when she had to leave to tend to her sick child. On her return in December 1988, she went to demand rent from the appellant who rebuffed the claim and in turn claimed ownership of the stall. A report was laid to the 1st respondent who invited both the 2nd respondent and the appellant to resolve the issue. The 2nd respondent had evidence to show possession of the stall while the appellant had nothing to show. Hence, the 1st respondent issued a quit notice to the appellant to give up vacant possession which she refused to comply .This led to an action been instituted by the respondents against the appellant.
The appellant however said as a yearly tenant she was not given a 6 months’ notice and there was no evidence of such notice, the case of the respondent would not be sustained, since the notice was merely a 7 days’ notice.
At the conclusion of trial, the learned Chief Magistrate delivered judgment and made an order of non-suit on the ground that the 1st respondent had agreed to reallocate two new stalls to either party.
Dissatisfied, the respondents appealed to the High Court which set aside the decision of the Chief Magistrate Court and found in favour of the 2nd respondent.
Aggrieved, the appellant appealed to the Court of Appeal which affirmed the judgment of the High Court.
Further aggrieved, the appellant appealed to the Apex Court.
Issues
Whether the Court of Appeal was right in affirming the judgment of the High...