The Civil Court has today made a decision stating that Malé City Council does not have the authority to prohibit a peddler from selling ice creams from a bicycle.
Habeeb Zaahir, Arutha, G.A. Kolamaafushi, the ice cream bicycle peddler, was stopped on the street, when the City Council officials found him selling ice cream. He brought an action against the City Council saying that he suffered financial losses because of the interference of the City Council. He also requested the court to declare City Council decision as extra vires.
Judge Mariyam Nihaayath decided, saying that the City Council could not establish in court the legal basis on which their decision against Habeeb was made. The Judge said that there was no law, either in the Maldivian laws and regulations, or in the Islamic Shari’ah, that prohibited the kind and manner of trade carried out by the plaintiff.
The Judge also said that there were no sufficient grounds for awarding compensation to the plaintiff.
Habeeb was stopped while selling ice cream on a street of Malé on the 12th of July last year.