Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NJIKONYE ESQ
V.
MTN NIG COMMUNICATION LTD

(2007) JELR 44199 (CA)    

Court of Appeal  ·  CA/A/123/04 ·  10 May 2007 ·  Nigeria
CORAM
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria OLUFUNMILOLA OYELOLA ADELEYE Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiff
respondent
federal high court
defendant
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appellant's suit
trial court
learned trial judge
sim pack
high court of the federal capital territory
nigerian communications commission
exclusive jurisdiction of the federal high court
high court of the fct
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statement of claim
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condition precedent
constitution of the federal republic of nigeria
provisions of the decree
sim card
cities of the federal republic of nigeria
conclusion of submissions of counsel
contractual obligation
defendant carries
defendants cell line
government policy
invocation of this honourable court
jurisdiction of the trial court
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jurisdictions of the federation
law make provisions
law of contract
laws of federal republic of nigeria
learned counsel
matters of the nature
mobile telecommunications company
plaintiffs briefs
plaintiffs cell line no.
plaintiffs motorola talk
point of law
principal counsel of jeph c. njikonye
proper party
provisions of the nigerian communications commission act
purchase of the defendant
ruling of the high court of the federal capital territory
said line
similar order of the trial court
statement of claim vests
such period

OYEBISI F. OMOLEYE, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of the Federal capital Territory, Abuja Division coram Hon. Justice H.B. Yusuf delivered on the 15th day of June 2004.

The Appellant as plaintiff in the trial Court commenced an action by Writ of Summons on 20/5/2003 against the Respondent claiming the following reliefs:

"(a) ₦515,000. 00 as loss of income.

(b) ₦2,000.000.00 for inconveniences and distress.

(c) Interest at the rate of 10% per annum on the above sums from the date of judgment until judgment sum is fully paid.

(d) ₦800.00 as cost of instituting this action.

(e) ₦100,000. 00 as cost of prosecuting this action."

The Writ of Summons was supported by a 14 Paragraph Amended Statement of Claim. For ease of reference, the Amended Statement of Claim is hereunder reproduced verbatim as follows:

"1. The Plaintiff is a private Legal Practitioner and the Principal Counsel of Jeph C. Njikonye and Company, Suit 49, Banex …

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