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AMAIZU
V.
MTN

(2017) JELR 37222 (CA)

Court of Appeal 7 Dec 2017 Nigeria
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- The appellant filed a lawsuit against the respondent for breach of contract and requested damages, restoration of his phone line, and an injunction. - The appellant claimed that the respondent disconnected his phone line while he was abro

Case Details

Suit Number:CA/E/128/2014
Judges:HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Counsel:Appellant was duly served through his counsel Nnamdi Ibegbu, SAN on 26/10/2017 at 08:34am For Appellant Dr. A.J.C. Mogbana with him, A.N. Nwakobi, Esq. For Respondent

HUSSEIN MUKHTAR, JCA (DELIVERING THE LEADING JUDGMENT): The parties herein were triggered into the legal battle culminating into this appeal on 18th February, 2008 when the Appellant as the Plaintiff filed a Writ of Summons against the Respondent who was the Defendant at the High Court of Anambra State presided over by Anulude, J. The writ was endorsed with the following claims: -

a) The sum of ₦100,000,000 (One Hundred Million Naira) being general damages for breach of contract.

b) An order that the defendant shall restore the use of the Plaintiff's line 0803-4743-027.

c) An order that the defendant shall restore all contacts of the Plaintiff in his cellular phone number 0803-4743-027 sim card.

d) An order of injunction restraining the defendant, its servants, agents and privies from disconnecting the Plaintiff's telephone No. 0803-4743-027 after re-connection upon the court's order.

The Appellant travelled to the United States sometime in 2007 with his wife and stayed for six months, and…

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