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he will be deemed to have admitted that claim or relief in the
statement of claim.”
I will digress a little to attend to the written address filed by Mr.
Ataguba S. Aboje for the defendant. As I said earlier, the defendant
never formally entered appearance nor file his defence. However,
Mr. Aboje apparently oblivious to the fact that by motion on notice
no. m/14293/12, the Plaintiff moved the court for leave to amend the
originating process by substituting the name of the Plaintiff from
Edith Onwuchekwa to Mega–Net Associates Ltd and the court
granted the prayer as sought, the learned counsel still laboured to
question the Plaintiff’s competence. That amendment was the reason
why I lifted the claim as contained in the amended statement of
claim which I reproduced in the early part of this judgment. The
venture of the learned counsel in the approach as he did therefore,
served no useful purpose. So much for the address and the issue
raised.
The Plaintiff went ahead and led evidence on his pleaded facts.
By Exhibit PW1‘B’ the tenancy expired on the 29th of March, 2011.
There is no evidence that the tenancy was renewed and he did not
vacate the premises up to the end of April, 2012. The defendant’s
status after the tenancy had expired by affluxion of time became that
of a tenant at will paying rent and what is required of the Plaintiff
therefore, is the service of the notice of owner’s intention to apply to
recover possession known as the 7 days notice. The Plaintiff had
complied with this legal requirement by serving Exhibit PW1‘C’ on the
defendant. I note that the claim is referred to as arrears of rent. In
the instant case, the tenancy had expired.
What the Plaintiff is