Before I consider the first issue, I would wish to make an observation. The defendant’s employment with the plaintiff was terminated on the 24th of November, 1977. Since then, that is for a period of fourteen years, the defendant has remained in possession of the premises he occupied essentially by reason of his employment with the plaintiff. The plaintiff has all through, by itself and through its counsel, tried to get him out of the premises. But he still lives there. Since counsel came into the matter some twelve years ago, eight different notices to quit or of intention to go to court have been issued and on two occasions notices issued and served have been cancelled apparently to enable counsel to begin properly. But once more the plaintiff must fail again because of its failure to serve correct and proper notices. This is sad. The law, it has been said, is an ass. And the unruly ass must keep galloping along so long as litigants refuse to follow simple rules clearly laid down by statute. This is of the very nature of justice according to law; and the courts must take the blame! Be that as it may, the two courts below were right to have held the defendant’s tenancy had not been determined according to law, and that the defendant would remain in possession until that is done.

– Nnaemeka-Agu, JSC. Petroleum v. Owodunni (1991)

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