Alechenu Ad’obe Obe v. Mtn Nigeria Communications Limited (2021)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

SAMUEL CHUKWUDUMEBI OSEJI, JSC (Delivering the leading judgment)

The appellant, who was a customer of the respondent, commenced an action by way of writ of summons against the respondent for breach of contract of service. The appellant at the trial sought the following reliefs:

i. Declaration that the defendants disruption and lockage of the plaintiffs mobile telephone line constitutes a gross breach of contract between the plaintiff and the defendant under which the defendant undertook to grant mobile telephone services to the plaintiff.

ii. A declaration that the disruption of the plaintiffs mobile telephone services by the defendant has occasioned serious economic and financial losses/damages to the plaintiff.

iii. An order directing the defendant to forthwith close the account and forthwith refund to the plaintiff all unspent money in the plaintiffs account.

iv. An order directing the defendant to pay to the plaintiff the sum of N100,000,000.00 (one hundred million naira) as damages for loss of business arising from the said disruption of the plaintiffs mobile telephone services.

At the conclusion of trial, the trial court in its judgment dismissed the appellant’s case for lacking in merit. The appellant being dissatisfied with the judgment of the trial court appealed to the Court of Appeal, which in its judgment delivered on 21st April, 2017 dismissed the appeal and affirmed the judgment of the trial court.

Still dissatisfied with the judgment of the Court of Appeal, the appellant then appealed to this court via a notice of appeal filed on 7th July, 2017.

The appellant’s brief of argument was filed on 13th February, 2018 but deemed properly filed on 12th February, 2020.

The parties adopted and relied on their respective brief of argument at the hearing of the appeal on 19th January, 2021.

From the three grounds in the notice of appeal, the appellant in his brief of argument formulated two issues for determination as follows:

1. Whether having regard to the pleadings and evidence led at the trial, the court below was right to affirm the trial court’s decision that the appellant had failed to prove his case on the preponderance of evidence. (Distilled from grounds 1 and 3)
2. Whether the learned justices of the Court of Appeal were right to have affirmed the trial courts judgment to the effect that the case was based wholly and solely on declaratory reliefs. (Distilled from ground 2).

The respondent also in their brief of argument formulated two issues as follow:

1. Whether the honourable court below were right to affirm the decision of learned trial court to dismiss the claims of the appellant especially after reviewing and applying the principles of law guiding declaratory reliefs. (Ground 2).
2. Whether the honourable court below was right to affirm the decision of the learned trial court that the appellant had failed to prove his case and to dismiss the suit and the claims (sic) appellant for failure to prove his allegations for his case against the respondent. (Grounds 1 and 3)

Appellant’s submission:

Arguing issue one, learned counsel submitted that civil matters are proved on the balance of probabilities or preponderance of evidence and as such the appellant has established that there was an existing contract of service between the parties along with the three (3) letters by the appellant complaining that the contract was breached by the respondent as the respondent did not respond to the allegations raised in those letters, implying consent.