Judgment No. SC 54/2018
Case No. SC 228/14
Schedule to the Urban Councils Act [Chapter 29:15], notwithstanding the broad powers of
enforcement conferred upon urban councils by subs(3) of s 198 of the same Act. (In order
to address the erroneous conflation resorted to by the parties and the court a quo that I have
already alluded to, and for the sake of brevity and convenience, I shall refer to the Byelaws as encompassing the standard contract annexed thereto, except where it is necessary
to refer to the contract specifically).
Section 198 of the Act delineates the general powers of urban councils, and
subs (3) provides that:
“Subject to this Act, a council shall have power to do any act or thing which, in the
opinion of the council, is necessary for administering or giving effect to any bylaws of the council.”
The Third Schedule to the Act prescribes the matters in respect of which
urban councils may make by-laws. Paragraph 69 of that Schedule, in its relevant portions,
reads as follows:
“(1) The regulation and rationing of the supply and distribution of water.
(2) Without derogation from the generality of subparagraph (1), by-laws relating
to matters referred to in that subparagraph may contain provision for all or any of
the following—
(a) ….;
(b) ….;
(c) ….;
(d) ….;
(e) cutting off the supply of water, after not less than twenty-four hours’
notice, on account of (i) failure to pay any charges which are due; or
(ii) the contravention of any by-laws relating to waste, misuse or
contamination of water;
(f) ….;
(g) ….;
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