CaseLaw
Sovcchi Marble V. Alabi (1996) CLR 6(e) (CA)
Judgement delivered on 3rd June, 1996
Brief
Facts
The appellant company was the tenant of the respondent. The appellant was in arrears of rent for two years. The respondent commenced an action in the High Court of Lagos State for recovery of the premises after claiming to have served the appellant with relevant statutory notices.
At the trial, the respondent testified that he went with his Solicitors' Clerk to the appellant company where the Solicitors' Clerk served the Chairman of the appellant a quit notice. The second notice was also served the same way. Both notices were tendered at the trial as Exhibits C and D respectively. The tenancy agreement (Exhibit A) was also put in evidence. The chairman of the appellant gave evidence. He denied being served with any of the notices although he did not seriously objected to the admission in evidence the said notices. He even denied some clauses of Exhibit A.
In his judgment, the learned trial Judge disbelieved the evidence of the appellant's chairman but believed the evidence of the respondent. He held that the notices were served properly on the appellant company. He therefore found for the respondent. Being dissatisfied with the judgment, the appellant appealed to the Court of Appeal.
Issues
Whether there was proof of service of the statutory...