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JOC-DONA INVESTMENT LTD V. ABUJA MUNICIPAL AREA COUNCIL

(2022) JELR 111322 (CA)

Court of Appeal  •  CA/ABJ/524/2017  •  19 May 2022  •  Nigeria

Coram
STEPHEN JONAH ADAH JCA E.O. WILLIAMS-DAWODU JCA DANLAMI ZAMA SENCHI JCA

Appearances
Chibuike Eze Okwuora Esq with V.C Igbegwu Esq. for the Appellant; No Representation for the Respondent.

Judgement

DANLAMI ZAMA SENCHI, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of the Federal Capital Territory, Abuja in Suit No. FCT/HC/CV/3145/13 delivered on the 30th day of September, 2014 by O. A. MUSA J.

The Appellant, as Plaintiff before the Lower Court, commenced this action via a Writ of Summons and Statement of Claim, wherein it claimed against the Defendant/Respondent as follows:

(1) A Declaration that the Defendant has no power or right whatsoever to mount roadblocks or obstructions on the motorways within the FCT Abuja or elsewhere, for the purpose of enforcing collection of motor vehicle road taxes, levies or other charges from the Plaintiff or any other person/motorists whatsoever.

(2) A Declaration that it is unlawful illegal and unconstitutional for the Defendant to compel the Plaintiff to purchase from the Defendant Council the Motor Vehicle mobile advert Mobile Sanitation, TV/Radio and Loading/Offloading permits, levies or tax…

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