Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MTN
V.
CHINEDU

(2018) JELR 39023 (CA)    

Court of Appeal  ·  CA/E/200/2014 ·  11 May 2018 ·  Nigeria
CORAM
IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
respondent
appellant
plaintiff
duty of care
general damages
learned trial judge
respondents line
statement of claim
record of appeal
22nd october
fifty naira
order of the court
said line
brief of argument
lower court
unknown person
fcmb bank
hon. justice chudi nwankwor
suit no. o
trial court
bankers liability
better position
case of the respondent
contractual relationship
customers goodwill
disconnected line
disconnections of the mtn line
end of the trial
favour of the plaintiff pages
following manner
following orders
following reliefs viz
fraudulent removal of the sum of n390
frustration of the contract
given circumstance
judgment of the anambra state high court
mtn line of the respondent
negligent disconnection of the plaintiffs mtn line
nigerians communication act practices
ordinary rule of evidence
paragraph g h
respective parties
respondents account no
respondents claim
said credit sum
said stolen money
subject matter of this appeal
such orders
synopsis of facts
technical sense

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…

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