8th June, 2018
An FCT High Court, Apo, has dismissed the suit challenging the demolition of Games Village sun/rain shelters, Abuja.
The suit was filed by the Games Village Huts Business Operators Association, against the Incorporated Trustee of Games Village Residents Association, Abuja.
Besides challenging the demolition, the plaintiffs, prayed the court to order the defendant to pay N12million as damages for demolishing the shelters.
In his judgment, Justice Peter Kekemeke, said the plaintiffs failed to prove they were lawfully entitled to construct the said sun/rain shelters.
On the payment of N12 million damages, he said the law required that it must be pleaded, adding that there was no such pleading in the plaintiffs’ statement of claim.
The judge said that the right to determine the amount to be paid as levies /fees, was the duty of the defendant by virtue of the estate’s constitution and the letter of allocation.
The Games Village Hut Business Operators Association had prayed the court to declare that the demolition of some of the sun/rain shelters attached to the huts by the defendant was illegal and arbitrary, null and void.
The plaintiff also demanded N12 million as damages for the illegal demolition of the sun/rain shelters.
The plaintiff further urged the court to declare that the increase in the dues levied on the plaintiff by the defendant was null and void.
Mr Raphael Ayodele ,counsel to the plaintiff, had argued that due to the adverse effect of rain and sunshine on the plaintiffs’ business, it became necessary to construct the shelters.