Court strikes out Guild of Medical Directors’ suit for lack of due process

By Adoga Michael Oyi


An FCT High Court, Jabi, on Friday struck out a case instituted by the Association of Guild of Medical Directors, FCT chapter, for failure to follow due process.

The Guild, through its lawyer, Mr Adewale Aderele, filed an originating summon in January, praying the court to restrain Abuja Municipal Area Council (AMAC), from collecting huge taxes from various hospitals in the city.

In the originating summons, the Guild also sought judicial review of the taxes and levies paid to AMAC.
The Guild argued that under the law, local governments can only collect tenement rates.

AMAC’s lawyer, Mr Yakubu Haruna, on his part, urged the court to dismiss the suit, as it lacked merit.
Justice Charles Agbaza, after listening to the submissions of counsel, struck out the case for failure to follow due process.

The judge said there were irregularities in the process, because the rules of court were not strictly followed in filing the originating summons.

The judge said that the plaintiff’s lawyer did not issue a pre-action notice to the respondent before filing the matter as required.
According to Agbaza, there ought to be a month pre-action notice to the respondent before filing the matter, which the plaintiff did not do but quickly rushed to the court.

The judge also struck out the matter on the ground that the plaintiff included its claims in the originating summon, adding that, that was not in line with the rules of court.
Agbaza awarded N50, 000 cost against the plaintiff.