“The strongest point made by the appellant is that the Respondent had waived their right to forfeiture by demanding and collecting rent till 1995. I agree with the inference of the Court below in agreeing with the High Court that even though the Respondent collected rent till 1991, there was a letter by the Respondent’s Counsel- Exhibit N written in 1992 clearly showing an intention to terminate the lease. The fact that a landlord collected rent on a property still in occupation or possession of the tenant after notice to quit cannot by any stretch of the law, equity or imagination amount to a waiver of the notice to quit even where the notice had expired and the tenant refused to yield possession in time. The notice to quit would subsist until it is formally rescinded by the landlord and or when a fresh tenancy agreement is entered into.” Per HELEN MORONKEJI OGUNWUMIJU, JSC in PILLARS (NIG) LTD v. DESBORDES & ANOR (2021-LCER-40496-SC) (Pp 24 – 24; Paras A – E)

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