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BLUE CHIP COMMUNICATIONS LTD V. INTERCELLULAR NIGERIA PLC & ANR.

(2007) JELR 44010 (CA)

Court of Appeal  •  CA/A/107/04  •  23 May 2007  •  Nigeria

Coram
MARY U. PETER-ODILI JCA; ABDU ABOKI JCA; CHIDI NWAOMA UWA JCA;

Judgement

MARY U, PETER-ODILI, J.C.A.:(Delivering the Leading Judgment): This is an appeal by the Appellant against the ruling delivered by Honourable Justice B.F.M. NYAKO of the Federal High Court 3, Abuja on 11th June 2004 striking out the Appellants suit on the ground that the Appellant who was plaintiff in the court below failed to obtain the consent in writing of the Nigeria Communications Commission before commencing the action against the Respondents.

In the court below the plaintiff/Appellant had the follow claims;-

(1) A declaration that the Defendants violated the provisions of Section 91 of the Nigerian Communications Act, 2003

(2) A declaration that the Defendants were in breach of their fixed wireless licence as granted by the Nigerian Communications Commission

(3) The Defendants be adjudged to pay damages in an amount to be determined at trial together with additional damages that may occur by reason of any continuing conspiracy in the future.

(4) The Defendants and the agents a…

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