JUDGMENT
GBADEGBE JSC:
The instant appeal arises from an agreement between the parties herein where by the defendant-respondent-appellant (hereinafter conveniently referred to simply as the defendant) let and the plaintiff (also hereinafter conveniently simply referred to as the plaintiff) obtained the leasehold of a property belonging to the defendant on terms and conditions that included payment of rent and the development of the land within a specified period. It appears from the evidence that the covenant relating to the development of the land and payment of rent were recurrently breached by the plaintiff. On 10 August 2009, the defendant served a demand notice that is in evidence as Exhibit 11 on the plaintiff regarding the payment of rent that had been due and owing under the leasehold agreement and remained unpaid. By Exhibit 11, the plaintiff was required to make payment of the outstanding rent by 31 August 2009 but before the date stipulated for payment, the defendant issu…