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NITEL PLC
V.
MAYAKI

(2006) JELR 49527 (CA)

Court of Appeal 12 Apr 2006 Nigeria
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- The respondent, as the plaintiff, claimed that the appellant wrongfully disconnected his telephone line and sought an order for its release, as well as damages. - The plaintiff, a legal practitioner, claimed that the disconnection of his

Case Details

Suit Number:CA/L/110/96
Judges: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
Counsel:Paul Usoro, S.A.N. (with him, Edwin Inelagu and Bola Akande) For Appellant A. O. Omotoso (with him, N. Okoye) For Respondent
Other Citations:NITEL Plc. v. mayaki (2007) 4 NWLR (Pt.1023) pg.173

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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