Anyaeji Mary Andrew V. Mtn Nigeria Communications Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment)

The appeal is against the Judgment of the Kwara State High Court, Ilorin Judicial Division, presided over by M. Abdulgafar, J. delivered on 19th March, 2014.

Judgment was given in favour of the Appellant but the trial Court refused to award general damages to the Appellant for the reason that the Appellant did not prove his entitlement to same.

The Appellant aggrieved by that part of the judgment appealed against same to this Court raising three (3) grounds of appeal, pages 145-147 of the printed records.

As the claimant at the trial Court, Paragraph 31 of his amended statement of claim, pages 43-48 of the printed records, the appellant claimed against the Respondent (as defendant) as follows:

“1. A Declaration that the Defendant is under obligation to disclose and/or furnish the police with necessary information to aid her investigation of the claimant’s complaint.

2. A Declaration that the Defendant’s refusal and/or neglect to disclose and/or furnish the police with the necessary information to aid the investigation of the Claimant’s complain has

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hindered the said police investigation and occasioned loss and injury to the Claimant.

3. AN ORDER mandating the Defendant to disclose and/or furnish the police with necessary information to aid the investigation of the Claimant’s complaints.
4. The sum of N20,000.000 (Twenty Million Naira) only as general damages for the shame, bad social reputation, shock, public ridicule, family disharmony and psychological trauma suffered by the Claimant as a result of the Defendant’s refusal and/or neglect to disclose and/or furnish necessary information to aid investigation.
5. Cost of filing and prosecuting this suit.”

The background facts are that the Appellant (from his Amended Statement of Claim) was a subscriber to the Respondent’s network service and was issued with a line sometime in 2005. It was alleged that sometime in 2007, the appellant’s telephone became faulty and he removed the sim card pending when he would replace his telephone. When the Appellant replaced his telephone in 2008 he was unable to activate his line. He could not make calls or receive any. The situation was reported to the MTN connect office in Ilorin (along Ahmadu

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Bello Way, GRA, Ilorin) where he was told that the line had been blocked for not having been in use for long. The Appellant subscribed to another line. He made out that some of his family members and friends had his previous number and were not aware that he had stopped using it.

Sometime in 2009, the Appellant alleged that someone impersonated him using the previous number to demand money and air time from his friends and family members. The Appellant reported the matter to the police upon which a letter was written by the police and said to have been served on the Respondent. The Respondent was requested in the letter to make available information relating to the identity of the person using the Appellant’s old line. The Respondent denied receiving the letter.

He approached the trial Court, prayed amongst other things for an order of the Court compelling the Respondent to release the information required and general damages for the failure of the Respondent to release the required information.

In its judgment the trial Court granted an Order compelling the Respondent to release the information but, did not grant any damages on the