(2006) JELR 49527 (CA)    

Court of Appeal  ·  CA/L/110/96 ·  12 Apr 2006 ·  Nigeria
Other Citations
NITEL Plc. v. mayaki (2007) 4 NWLR (Pt.1023) pg.173
NITEL Plc v. Mayaki (2007) 4 NWLR (Pt. 1023) 173
CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
pending application
defence counsel
lower court
telephone line
14th february
4th march
appellate court
international direct dialing system
lead judgment
statement of defence
high court of lagos state
learned trial judge
said telephone line
set aside
special damages
statement of claim
attached amended statement of defence
case of the plaintiff
chief s. i. mayaki
clara bata ogunbiyi
clear duty of the appellant
contempt of the rule of law
court ought
cross examination
discretion of the court
exercise of this discretion
following grounds of appeal
following orders
further amended notice of appeal
guiding principle
judge of lagos state high court
leading judgment
presiding judge
raphael chikwe agbo
relevant court files
result of the loss of access
telephone line no.820890

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The respondent as plaintiff in the court below i,e. the High Court of Lagos State sitting in Lagos claimed of the appellant, in paragraph 10 of his 2nd amended statement of claim as follows:

"(1) An order directing the defendant to release to the plaintiff forthwith telephone line No.820890 or another telephone line with International Direct Dialing System in exchange;

(2) The sum of $30,000.00 (Thirty Thousand American Dollars) or its equivalent in Naira as special damages;

(3) N2,000,000 (Two Million Naira) as general and exemplary damages for the defendant's wrongful acts and contempt of the rule of law."

The case of the plaintiff, a legal practitioner was that he was a subscriber to the defendant's telephone line No. 820890 in October 1996. The defendant now appellant disconnected the said telephone line on the ground that the telephone had an accumulated debt of N1,966.70k, a debt the plaintiff denied owing. The def…

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