Abuja Municipal Area Council V. C.N. Okoli Transport Co. Ltd (2009)

LawGlobal-Hub Lead Judgment Report

UWANI MUSA ABBA AJI, J.C.A.

This is an appeal against the judgment of Honourable Justice Salisu Garba of the FCT High Court, Abuja, delivered on the 6th of July, 2005 whereby the trial court entered judgment in favour of the Plaintiff/Respondent.

The Appellant was the Defendant at the lower court, where the Plaintiff now, Respondent, sued for the following:-

a) A declaration that the Defendant’s letter of demand Re: Daily Motorist Ticketing of 3rd August, 2004 and the one of 17th December, 2004 to the plaintiff is null and void.

b) A declaration that the act of the Defendant is (sic) closing and disrupting the business of the plaintiff is a gross abuse of the rule of law.

c) A declaration that the act of Defendant of the 23rd of December, 2004 is an act of trespass.

d) An order of injunction restraining the Defendant, their agents howsoever described from trespassing into the premises of the plaintiff or making any demand on account of daily motorist ticket issued by the Defendant.

e) The sum of N2,065,000.00 as special damages for loss of income on the 23rd December, 2004.

f) The sum of N3 Million as exemplary damages for gross use of force against the plaintiff by Defendant.

g) The sum of N1 Million for trespass.

Dissatisfied with the judgment of 6th July, 2005, the Appellant, vide a notice of appeal dated and filed on the 16th of July, 2005, appealed to this Honourable Court.

The grounds of Appeal without their particulars are reproduced to wit:

A) The learned trial judge erred in law by assuming jurisdiction to hear the case without having first satisfied himself that the conditions precedent for the hearing of the case and/or assuming jurisdiction have been met.

B) The learned trial judge erred in law by hearing the case over a period of time based on processes purpotedly served on some persons on behalf of the appellant.