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CARL UMEGBORO V. THE MANAGING DIRECTOR/CEO, ABUJA ELECTRICITY DISTRIBUTION COMPANY PLC (AEDC), ABUJA ELECTRICITY DISTRIBUTION COMPANY PLC & NIGERIA ELECTRICITY REGULATORY COMMISSION

(2022) JELR 110818 (CA)

Court of Appeal  •  CA/A/398/2019  •  12 Aug 2022  •  Nigeria

Coram
Elfrieda Oluwayemisi Williams-Dawodu JCA Ugochukwu Anthony Ogakwu JCA Muhammed Mustapha JCA

Appearances
Mr. Kelvin A. Mejun for the Appellant; Mrs. Joy N. Onyekweluje for the Respondent.

Judgement

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the ruling of the High Court of the Federal Capital Territory (FCT), Abuja, delivered by Hon. Justice K. N. Ogbonnaya in Suit No. FCT/HC/CV/1376/2018 on November 27th 2018, wherein the Court dismissed the suit of the Appellant (the Plaintiff at the Court below) upon his filed Notice of discontinuance. 

At the Court below vide Writ of Summons and Statement of Claim on March 29th 2018, the Appellant sought the following reliefs:

a. A Declaration that the Plaintiff is a pre-paid metering electricity user-customer of the 1st and 2nd Defendants. 

b. A Declaration that by virtue of the Plaintiff falling into the Prepaid metering customer category, he independently controls and manages his electricity supply and bills to his satisfaction through the Prepaid meter and therefore cannot be disconnected by the 1st and 2nd Defendants from using and enjoying electricity over estimated postpaid …

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