Banex Plaza Wuse 2, Tenants Association v. Abuja Environmental Protection Board

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Facts:

Facts:
The plaintiff, a registered association of tenants, filed an originating summons
against the defendant at the High Court of the Federal Capital Territory. The action
was predicated on the ground that the defendant unlawfully caused waste
management bills to be issued to the individual tenants of shops and offices of
Banex Plaza, Abuja. The plaintiff alleged that the act of the defendant was wrong
and that the defendant ought to have issued a single bill to the tenants.
The defendant upon being served with the originating process, filed a preliminary
objection on the ground that section 40(3) of the Abuja Environmental Protection
Board Act, 2012 requires the plaintiff and any aggrieved persons to issue pre
action notice before filing a claim in court and that failure to comply with the
provision robs the court of jurisdiction to hear the matter. After hearing the parties,
the court dismissed the preliminary objection of the defendant and went into the
substantive issues before it.

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