AKPATA, J.C.A. (Delivering the Leading Judgment): The question of a Judge taking suo motu a legal point and basing his judgment on the legal point so taken without calling on counsel to address him on it crops up in this appeal. One of the main issues for determination, however, is whether a tenant for a term of years who holds over with the consent of the landlord after the expiration of the lease and continues to pay rent at the yearly rate under the expired lease agreement should be regarded as a yearly tenant.
The appellant in this appeal, Mrs. H. B. Adejumo, was the plaintiff in the High Court. She is the owner of the premises situate at No. 2 Aromire Avenue, Ikeja. By a lease agreement dated October, 1982, she demised to the defendant, David Hughes and Company Ltd., the said premises for a term of two years at an annual rent of N17,000.00 from the 1st of November, 1981, to 31st October, 1983, paying in advance the total rent of N34,000.00.
The defendant paid the two years rent …