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MTN COMMUNICATION LIMITED v. SIDNEY C. AMADI, ESQ

(2012) JELR 41005 (CA)

Court of Appeal  •  CA/PH/418/2010  •  11 Dec 2012  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

UCHECHUKWU ONYEMENAM, JCA (Delivering the Leading Judgment): The Appellant lodged this appeal against the judgment of Rivers State High Court, Port Harcourt Judicial Division in Suit No. PHC/1718/2005 delivered by Enebeli A. on 31st March, 2010 as a result of the action commenced by the Respondent on 18th October, 2005.

The Respondent's claim against the Appellant as stated in paragraphs 15 and 16 of his statement of claim dated 18th October, 2005 is as follows:

"(15) A DECLARATION that the blockade of the Plaintiffs Sim Card Number 08033168369 by the Defendant and thus depriving the Plaintiff the use of same is illegal.

(B) A MANDATORY ORDER directing the Defendant to remove the blockade and restore the use of the plaintiffs sim card Number 08033169369.

(C) The sum of N1, 500.00 as special damages for the loss of use of call credits in the same value which the plaintiff recharged his GSM Sim Card on 14/10/2005 and which the Defendant has deprived the plaintiff of the use of same.

(D)…

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