Lawbreed BlogLawbreed Blog
  • Home
  • News Update
  • Legal Updates
  • Free Legal Resources
  • Law News
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions
Facebook Twitter Instagram YouTube LinkedIn WhatsApp
Facebook Twitter Instagram YouTube LinkedIn WhatsApp
Lawbreed BlogLawbreed Blog
  • Home
  • News Update

    Fuel scarcity: NNPC says 64.42 million liters of fuel were evacuated daily between January 28 to February 3

    February 6, 2023

    Fuel Scarcity: NNPCL Signs $741M Deal To Rehabilitate Kaduna Refinery

    February 6, 2023

    Ebonyi: CITN inducts first female Chairman

    January 28, 2023

    Appeal Court annuls Benue APC guber primary, orders rerun in 14 days

    January 23, 2023

    Buhari in Lagos to commission Lekki deep seaport, other projects

    January 23, 2023
  • Legal Updates

    Abia Assembly Passes Bill Allowing Female Children Share in Parent’s Inheritance

    November 25, 2022

    Industrial court issues new Practice Directions on labour matters

    October 6, 2022

    Step By Step Guide on how to register a ship in Nigeria

    September 8, 2022

    Buhari Swears In Ariwoola As Acting Chief Justice Of Nigeria

    June 27, 2022

    Supreme Court of Nigeria on punishment for Blasphemy in Islam: See – SHALLA v. THE STATE (2007) 7-10 S.C. 107

    May 16, 2022
  • Free Legal Resources

    [DOWNLOAD]: Judgement Of Osun State Governorship Election Petition Tribunal Sacking Adeleke As Governor

    January 28, 2023

    DOWNLOAD: Supreme Court of Kenya Presidential Election Petition Judgment

    September 6, 2022

    Ross McKenzie Kirkpatrick v. The Queen (Download Judgment)

    August 3, 2022

    [DOWNLOAD JUDGMENT] PDP v. INEC, APC, Umahi & Kelechi Igwe

    March 11, 2022

    Malabu Oil Saga, London court grants Nigeria leave to amend pleadings [Download Judgment]

    January 25, 2022
  • Law News

    Ondo pastor lands in court after faking own obituary to avoid debt payment

    February 5, 2023

    [DOWNLOAD]: Judgement Of Osun State Governorship Election Petition Tribunal Sacking Adeleke As Governor

    January 28, 2023

    BREAKING: Tribunal annuls Adeleke’s election, declares Oyetola Osun gov

    January 27, 2023

    Nigeria begins bid to overturn $11bn P&ID debt | Trial to last eight weeks

    January 23, 2023

    Lawyers walk out in Ararume’s suit challenging sack from NNPC

    January 23, 2023
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions
Lawbreed BlogLawbreed Blog
Lawbreed Blog » Estate Residents Can’t Be Compelled to Pay Dues; Court Rules
Law News

Estate Residents Can’t Be Compelled to Pay Dues; Court Rules

Lawbreed LimitedBy Lawbreed LimitedOctober 4, 2020Updated:July 15, 2021No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

A Federal High Court in Ikoyi, Lagos, has delivered a landmark judgement that Nigerians who live in a residential estate cannot be compelled to be a member of the Community Development Association (CDA) popularly known as residents’ association of estate.

This decision of the Court has put an end to any future arbitrariness of resident associations in Nigeria. By this decision, payment of dues is now voluntary and forcing residents to be members has now been declared unconstitutional. Residents in Lagos State will no longer be subjected and compelled to pay outrageous membership dues and other levies. The judgement was delivered on Friday, 25th of September, 2020, by Honorable Justice Oweibo, sitting at the Federal High Court, Ikoyi, Lagos.

This suit (FHC/L/CS/982/2020) was filed by Megawatts Nigeria Ltd (Applicant) through its counsel Mr. Kayode Adeniji of Lawracles LP, against the Registered Trustees of Gbagada Phase II Residents’ Association and others as respondents. Facts deposed to on court processes show that Gbagada Phase II Residents Association had been sending notices: requesting the payment of estate dues from 2017 to 2020 for sums ranging from 300 hundred thousand to 200 thousand naira annually, to Megawatts Nigeria Limited.

The position of the Residents Association is that since Megawatts Nig. Ltd is a company resident within the estate, it is bound to pay demanded dues and levies. The position of megawatts on the other hand is that since it provides for its own security, waste management and other services the estate claims to be providing, it is not bound to pay dues.

This is in addition to the fact that Megawatts is not a member of the association. Megawatts further claimed that the estate security prevented its trucks from accessing the estate in order to compel and coerce the applicant to pay requested fees. ‘The primary issue before the court was whether a person; resident in an estate can be compelled and coerced into membership of a resident association? The court ruled in favour of Megawatts Nig. Ltd and awarded cost against Gbagada Phase II Residents Association.

The court further declared that no one can be forced to be a member of a residential association, be it a company operating within the space of the residential estate or a person who is a resident in that estate. The court considered section 40 of the 1999 CFRN as Amended which states that: “Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests… “.


However see the Supreme Court decision in the case of : AKUNWATA OGBOGU MBANEFO v. NWAKAIBIE HENRY MOLOKWU & 6 ORS (2014) 1-2S.C. (Pt II) 137 @ 164-165 paragraphs 5- 15 published by LAWBREED LIMITED where the Supreme Court held concerning the subject matter of Whether or not open to members of voluntary Associations to pick and choose which aspects of the Rules of the association they want to comply with under the guise of constitutional provisions on Right to Freedom of Association.
The Supreme Court per Odili JSC; delivering the leading Judgment held as follows :

“It is to be stated that when the Appellant entered and became a full member of the Agbalanze Society, he did so with the full knowledge and freewill to adhere to the rules and regulations guiding it. Therefore, it is not for him to pick and choose which aspect suits him at a given time and which he is at liberty to do away with. To wish to so choose is to first disengage from the association otherwise, he is bound wholly and entirely to what has been provided by the association for the association or members on how its operations are to be conducted. In this regard, I would like to apply the principle as enunciated in the case of: Alhaji Balarabe Musa v. Peoples Redemption Party (PRP) (1981) 2 NCLR 763 at 769 per Adefarasin, CJ:-

“The court would not interfere in a case like this one where members of a voluntary association have come to a decision within the provisions of their Constitution even if the decision is unreasonable. Circumstances have not arisen by which the court ought to intervene. I am therefore not inclined to quash a resolution of the PRP that PRP Governors should no longer attend institutionalized meeting of Governors. To my mind that resolution does not amount to a violation of the fundamental rights provided for under Sections 32, 36, 37 and 38 of the Constitution. It is my view that it is still open for the Applicant to attend any meeting he may wish and no one may stop him. But, so far as the party is concerned, it is to have the right to discipline its members. As a voluntary association, it has the right to lay down its own decisions even when they are unreasonable. They should be obeyed or the member in disobedience is entitled to quit.

The party is in its own right supreme over its own affairs. This must be said loudly and clearly, unless it has violated its own constitutional provisions the court would not interfere. The court will not substitute its own will for that of a political party or any other voluntary association. Those who join clubs, or associations or political parties must be made aware of the perils of membership. The majority will must prevail whether it is reasonable or unreasonable.”

click here to read full Judgment > https://www.lawbreed.com/site/search-for-case/?case_ref=540

 

voluntary association
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Lawbreed Limited
  • Website
  • Facebook
  • Twitter
  • Instagram
  • LinkedIn

Publishers of Judgments of The Supreme Court of Nigeria (S.C Report) - on the Authority of the Supreme Court of Nigeria

Related Posts

Ondo pastor lands in court after faking own obituary to avoid debt payment

February 5, 2023

[DOWNLOAD]: Judgement Of Osun State Governorship Election Petition Tribunal Sacking Adeleke As Governor

January 28, 2023

BREAKING: Tribunal annuls Adeleke’s election, declares Oyetola Osun gov

January 27, 2023

Leave A Reply Cancel Reply

Like Our Page
Lawbreed Limited
DARK HEARTS by Layi Babatunde, SAN – CLICK TO BUY
DARK HEART BY LAYI BABATUNDE, SAN
Top Posts

The Federal High Court (Federal Inland Revenue Service) Practice Directions, 2021 and Questions of (Dis)Respect for Rule of Law, Human Rights and Access to Justice

June 15, 2021

Chinese Business Leaders Call for International Cooperation

January 4, 2020

Covid Vaccines Not Linked to Deaths, Major US Study Finds

January 5, 2020

U.S. Senate passes $1.5 trillion gov’t funding bill with Ukraine

January 6, 2020
QUALITY BOOKS & LAW REPORTS BREEDS QUALITY PRACTICE
https://lawbreed.blog/wp-content/uploads/2020/10/Law-Breed_x264.mp4
Don't Miss
Business & Tax Information

British Petroleum says future of global energy will follow these four trends

By Lawbreed LimitedFebruary 6, 2023

In its January Energy Outlook, British Petroleum (BP) highlighted the four trends it believes will determine the…

Fuel scarcity: NNPC says 64.42 million liters of fuel were evacuated daily between January 28 to February 3

February 6, 2023

Fuel Scarcity: NNPCL Signs $741M Deal To Rehabilitate Kaduna Refinery

February 6, 2023

Ondo pastor lands in court after faking own obituary to avoid debt payment

February 5, 2023

[DOWNLOAD]: Judgement Of Osun State Governorship Election Petition Tribunal Sacking Adeleke As Governor

January 28, 2023
Stay In Touch
  • Facebook
  • Twitter
  • Pinterest
  • Instagram
  • YouTube
  • Vimeo
Supreme Court Report Online (My S.C Extra)
s.c online
About Us
About Us

Lawbreed Blog is owned by Lawbreed Limited, a full fledged Law publishing and marketing Private Limited Liability Company, incorporated under the Laws of the Federal Republic of Nigeria.

Email Us: mails@lawbreed.com
Contact: +2348077011730

Facebook Twitter Instagram YouTube LinkedIn WhatsApp
Tags
1999 constitution of FRN 2023 Election Akpata AMCON APC Bandits bolt Buhari CBN Coronar Covid crime e-Naira Facebook feat featured FIDA FIRS Fraud ICPC Judgements of the Supreme Court of Nigeria Labour Party Lawbreed Momo Bank Multichoice NBA NICArb NICN NJC NNPC oransaye Owo massacre PDP practice directions SAN Sanusi Shar'iah Supreme Court Report Sylvester Tax Top News Twitter VAT Video voluntary association
Most Popular

The Federal High Court (Federal Inland Revenue Service) Practice Directions, 2021 and Questions of (Dis)Respect for Rule of Law, Human Rights and Access to Justice

June 15, 2021

Chinese Business Leaders Call for International Cooperation

January 4, 2020

Covid Vaccines Not Linked to Deaths, Major US Study Finds

January 5, 2020
© 2023 Lawbreed.blog. Powered by Lawbreed Ltd.
  • Home
  • About Us
  • Contact Us
  • Privacy Policy
  • S.C Report Online
  • Our Publications
  • Lawyers Directory

Type above and press Enter to search. Press Esc to cancel.