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TRADE BANK PLC V. LAGOS ISLAND LOCAL GOVERNMENT COUNCIL & ORS

(2002) JELR 42057 (CA)

Court of Appeal  •  CA/L/41/2001  •  7 May 2002  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA SULEIMAN GALADIMA JCA CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA

Judgement

OGUNTADE, J.C.A. (Delivering the Leading Judgment): In suit No. M/118/97 before the Lagos High Court, the appellant as applicant brought an originating summons against the respondents praying for the determination of the following questions:

1. Whether or not the 1st respondent has or enjoys any powers of authority pursuant to or under:

(a) Control of Advertisements (Lagos) Act, 1965.

(b) Control of Advertisement (Lagos) Bye-Law, 1991, to impose upon and/or demand the payment of or otherwise collect from the applicant advertisement fees as it purports to under exhibit A, attaching to these summons;

2. Whether or not, the 1st respondent has or enjoys, any power or authority pursuant to or under Registration of Commercial Premises/Activities Bye-Law No.3 of 1991, to impose upon and/or demand the payment of or collect from the applicant the sums demanded under exhibit 'B' attaching herewith.

3. Whether or not the 2nd respondent being a Magistrate sitting at Court 16 Tapa, Lagos, or any s…

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