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…

MTN V. CHINEDU

MTN
V.
CHINEDU