NIMPAR JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Hon. Justice O. Ishola sitting at the High Court of Lagos, Lagos Division delivered on 23 January 2009, whereby it granted certain reliefs in favour of the respondents. Dissatisfied with the judgment, the appellant appealed to this court through an amended notice of appeal dated 1 February 2010 with 5 grounds of appeal.
The brief facts of this case are that the respondents by an originating summons sued the appellant as a result of an internal arrangement by residents and property owners of Victoria Garden City Residents Association, HFP and VGC Maintenance and Management Company who agreed to upgrade their electricity supply from 11kv to 33kv and the tariff was fixed by PHCN at 8.50 kw/h. That after the commencement of the new structure, some residentswere still charged ₦6.00 kw/h the old rate, this elicited a reaction and subsequently the appellant fixed the rate at ₦ 12.00 kw/h on behalf of PHCN …