MTN NIGERIA COMMUNICATIONS LIMITED V. MR. UDENSI HYGINUS CHINEDU

RITA NOSAKHARE PEMU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Anambra State High Court, Holden at Onitsha delivered on the 19th of December, 2013, in Suit No. O/38/2013.

The suit, the subject matter of this appeal, was instituted on the 7th of February 2013 Pages 1 2 of the Record of Appeal.

SYNOPSIS OF FACTS

In paragraph 23 of the Statement of claim filed on the 7th of February, 2013, the Plaintiff (Respondent in this Appeal) sought the following reliefs viz:-

a) A declaration by the Court that the disconnections of the MTN line No: 08032711014 on the 22/10/2012, 1/11/2012 and 9/11/2012 by the Defendant while the said line was still registered, in use by the Plaintiff, in credit of Seven Hundred and Fifty Naira and not encumbered in any way is unlawful and contravenes Nigerians Communication Act practices.

b) A declaration by the Court that the loss or theft of Three Hundred and Ninety Thousand Eight Hundred Naira, suffered by the plaintiff in F…