OPENE, J.C.A. (Delivering the Leading Judgment): In the action at the Rent Tribunal Court Calabar, the plaintiff now the respondent in this appeal filed an action against the appellant on 2/10/98 claiming as follows:-
"The plaintiff is entitled to the possessionof the building and premises together with the appurtenances situate at plot 33A, Nsefik close, Off Marian Road, in the town of Calabar which the defendants are occupying as tenants at will and which tenancy at will was determined by 7 days notice to quit dated the 9th day of September, 1998 and served on the defendants through the rent control court through which notice the plaintiff signified his intention to recover possession of the said premises (duplicate copy of the said notice is hereto annexed) but notwithstanding (sic) neglected to deliver up possession of the said premises and still retain the same. Plaintiff who resides in the United States of America claims possession for personal use as he intends to return to Nige…