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ETISALAT NIGERIA
V.
PASTOR NMADU KEN

(2022) JELR 113177 (CA)

Court of Appeal 15 Jul 2022 Nigeria
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- The plaintiff/respondent, a subscriber to the defendant/appellant’s telecommunication network, participated in the "FC Barca Promo" in March 2012, incurring over N120,000 in SMS costs and claiming to have met the requirement for winning a

Case Details

Suit Number:CA/A/384/2019
Judges:STEPHEN JONAH ADAH, JCA ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, JCA SIR BIOBELE ABRAHAM GEORGEWILL, JCA
Counsel:Mr. Nwabueze Obasi - Obi with Mr. Morris C. Duru for Respondent/Appellant.
Location:Abuja

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is as a result of the Judgment of the High Court of the Federal Capital Territory, Abuja, delivered on July 7th 2017, wherein some of the claims of the Respondent, who was the Plaintiff at the Court below were granted against the Appellant, who was the Defendant. See pages 347-378 of the printed Record before this Court.

At the Court below the Respondent sought the following reliefs against the Appellant:

a. "A DECLARATION that there existed an implied contractual relationship between the Plaintiff and the Defendant as a customer to the Defendant when the Plaintiff participated in the defendant's 777 game.

b. A DECLARATION that the defendant breached its implied contract with the Plaintiff when after the Plaintiff spent over N120,000.00 (One hundred and twenty thousand Naira) answering correctly the questions asked by the Defendant and the Defendant after confirming the winning of the Plaintiff of th…

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