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MULTICHOICE NIGERIA LIMITED v. HON JERRY AKPAN

(2014) JELR 33125 (CA)

Court of Appeal  •  CA/C/179/2011  •  31 Mar 2014  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; ONYEKACHI A. OTISI JCA;

Judgement

ONYEKACHI A. OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Akwa Ibom State, Uyo Judicial Division, delivered on the 12th day of April, 2011 wherein judgment was entered in favour of the Respondent against the Appellant.

The facts leading to this appeal are as follows:

On 28th January, 2009, the Appellant, defendant in the lower court, suspended the Respondent's DSTV account No.38210900 used in his law firm and barred him from further viewing, although the expiry date of the subscription was on 31st January,2009. As a result of the disconnection of his account by the Appellant, the Respondent was forced to pay for another subscription on the same date, while the subsisting subscription was yet to expire. Aggrieved by the inconvenience and embarrassment caused him by the breach of the Appellant's obligation under the subscription agreement to keep him fully and unceasingly subscribed, having fully paid his monthly subscripti…

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