Jeph C. Njikonye, Esq V. Mtn Nig. Communications Ltd. (2007)

LawGlobal-Hub Lead Judgment Report

OYEBISI F. OMOLEYE, J.C.A.

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) N515, 000. 00 as loss of income:

(b) N2, 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) N800.00 as cost of instituting this action.

(e) N100, 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 & Company, Suit 49, Banex Plaza, Wuse II Abuja.

2. The Defendant is a Mobile Telecommunications Company Limited by shares and incorporated under the laws of Federal Republic of Nigeria. The Defendant carries on business in many towns and cities of the Federal Republic of Nigeria including Abuja. The Defendant’s Abuja business office is at Plot 2784, Shehu Shagari Way, Maitama, within the jurisdiction of this court.
3. The Plaintiff acquired the Defendants cell line (Sim Card) No. 08033186095. This cell line (Sim Card) is installed in Plaintiffs Motorola Talk about Mobile Handset and is used by the Plaintiff for communications.
4. The Plaintiffs private legal practice cuts across several jurisdictions of the Federation including Aba, Umuahia, and Lagos. Most of the Plaintiffs briefs from within and outside Abuja judicial division are communicated to the Plaintiff through telephone via Plaintiffs cell line No. 08033186095. This is especially corporate briefs like Bank and Land Searches.
5. So far as the Plaintiff continues to load his cell line No. 08033186095 with credit at least N1, 500.00 credits every two months, the Defendant has a contractual obligation to leave extant, and not to disconnect Plaintiff’s cell line No. 08033186095 from its Net Work. More especially, within 15days from any date the Plaintiff refills his cell line No. 08033186095 with credit, the Defendant has a contractual duty to provide the Plaintiff with consecutive uninterrupted access to its network. The implication is that within such period, the Plaintiff’s communication through cell line No. 08033186095 must not suffer any hitch because of network problem. The Plaintiff at trial shall found on specimen of Defendant’s credit card which terms are applicable to all Defendants’ customers, including the Plaintiff
6. The Plaintiff constantly refills his cell line No, 08033186095 with credit. On 30/4/03, the Plaintiff loaded the said line with N1,500.00 worth of credit, and as at 7/5/03, the Plaintiff had a credit balance of N911. 00 with Defendant.
7. On the said 7/5/03, despite the Plaintiff having call credit of N911.00 in respect of cell line No.

08033186095, the Defendant, between the hours of 7am, and 5p.m. wrongfully hindered/interrupted Plaintiff’s access to its Network thereby making it impossible for Plaintiff to receive or make calls using cell line No. 08033186095.

8. Plaintiff’s cell line No. 08033186095 doubles both as his only direct line as well as the only telephone line of Plaintiffs Law Firm, Jeph C. Njikonye & Co.
9. Defendant’s wrongful interruption with Plaintiff’s access to its network on 7/5/03 caused Plaintiff and his firm great damage. The Plaintiff as a result lost briefs that his learned colleagues from Aba attempted to no avail to communicate the Plaintiff of via cell line No. 08033186095. The Plaintiff amongst other inconveniences lost a brief of 206 Bank Searches that A. O. Okpala, Esq. of the firm of Chief U. N. Udechukwu, SAN & Associates, No. 122 Marketing Road, Aba tried to avail to communicate the Plaintiff Since A.O. Okpala, Esq. could not succeed in reaching the Plaintiff on telephone No. 08033186095 within the said hours on 7/5/03, he briefed another lawyer in Abuja. This fact was brought to the knowledge of the Plaintiff by A.O. Okpala, Esq. on 9/5/03.
10. The Plaintiff avers that within the said hours of 7am, to 5p.m. on 7/5/03 he was at Banex Plaza, Wuse II, and Abuja which ordinarily is a Defendants Network service area. The loss suffered by the Plaintiff and his firm was as result of Defendants wrongful interruption of Plaintiffs access to its Network which made it impossible for Plaintiff to receive calls within the affected hours.
11. The wrongful conduct of the Defendant herein above complained of caused the Plaintiff loss of income of N515, 000.00. Each of the Searches would have yielded the Plaintiff N2, 500.00
12. The Plaintiffs business as a legal Practitioner hovers around communication. Defendant’s wrongful conduct caused the Plaintiff tremendous inconveniences and restlessness for being cut-off the communication world
13. On 9/5/03, the Plaintiff caused a letter to be written the Defendant complaining about the wrongful conduct of the Defendant but the Defendant ignored the letter. The Defendant is hereby given notice to produce the said letter.
14. WHEREOF the Plaintiff claims against the Defendant as follows:

(a) N515, 000. 00 as loss of income;

(b) N2, 000,000.00 for inconveniences and distress;

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