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MULTICHOICE NIGERIA LIMITED V. MR. BANKOLE AZEEZ

(2010) JELR 33196 (CA)

Court of Appeal  •  CA/I/205/06  •  9 Mar 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; CHIDI NWAOMA UWA JCA; MODUPE FASANMI JCA;

Judgement

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): In the High Court of Justice Ibadan, Oyo State of Nigeria, the Respondent as Plaintiff took out a writ of summons against the Appellant as Defendant claiming as follows at page 6 of the Record of appeal-

"1. A declaration that the scrambling by the Defendant of Plaintiff's DSTV Satelite services in October and November, 2004 when he is not in default of service charges is illegal, arbitrary and wrongful and a breach of the contractual agreement between them and the defendant.

2. Plaintiffs claim from the Defendant payment of N1,000,000.00 (One million Naira Only) being general damages for the loss of enjoyment and deprivation of the services of the defendant."

Pleadings were filed and exchanged by the parties and the case went on to be heard with Respondent as Plaintiff calling one witness Dr. Abdul Liadi Azeez as PW1 while the Appellant as Defendant also called one witness Mrs. Oluwakemi Shaba as DW1. A number of exhibi…

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