Multichoice Nigeria Limited v. Aramide Adeogun (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the leading judgment)

Before the High Court of Lagos State (the lower court), the respondent, as claimant, commenced an action against the appellant, as defendant, by way of writ of summons and statement of claim, seeking the reliefs stated here under:

A. A declaration that the claimant having purchased a Nokia 5330 through the MTN with Sim + 10 DSTV channels is entitled to view the said DSTV channels which came as a package with the phone (subscription free) from date of purchase till March 2011 without any interruption whatsoever.

B. A declaration that the unilateral action of the defendant withdrawing the Supersport 3N channel is illegal and a breach of contract of service to the claimant.

C. A declaration that the defendant breached its service contract to the claimant by the same said unilateral stoppage and/or withdrawal of the Supersport 3N channel.

D. The sum of N2,000,000.00 (two million naira) as general damages for the breach of the service contract by the defendant to the claimant.

E. Cost of this action in the sum of N500, 000.00 (five hundred thousand naira).

The appellant denied the claim and joined issues with the respondent by filing a defence. During trial, the respondent testified alone for himself while the appellant also called a single witness.

Both parties tendered documentary exhibits. After the adoption of final addresses filed by the parties, the lower court, presided over by Hon. Justice F. Bankole-Oki,

entered judgment for the respondent as follows:

1. It is hereby declared that the claimant having purchased a Nokia 5330 through the MTN with Sim + 10 DSTV channels is entitled to view the said 10 DSTV channels which came as a package with the phone (subscription fee) from date of purchase till March 2011 without any interruption whatsoever (subject to the Terms and Conditions of the Service Agreement).
2. It is hereby declared that the unilateral action of the defendant of withdrawing the Supersport 3N channel is illegal and a breach of the Contract of Service to the claimant.
3. The sum of N250,000.00 (two hundred and fifty thousand naira) as general damages for the breach of the Service Agreement by the defendant to the claimant.
4. Cost of this action is assessed at N200,000.00 (two hundred thousand naira).

Peeved by the judgment, the appellant initiated this appeal by filing a notice of appeal containing three grounds of appeal, dated 09/10/2017 but filed on 10/10/2017, wherein he sought for an order allowing the appeal and setting aside the judgment of the lower court.

The facts of the case giving rise to the suit at the lower court and which led to this appeal, can be summarized as follows:

The respondents case is that sometimes in May 2010, before the commencement of the FIFA 2010 World Cup, he bought a Nokia phone 5330 Model for the price of N28,000.00 (twenty-eight thousand naira). The phone was advertised as coming with a pre-programmed MTN Sim Card which would enable him to watch 10 DSTV Channels, including the World Cup matches on Super Sport 3N channel, free from May, 2010 to March, 2011. All the 10 channels were airing until September, 2010 when Super Sport 3N channel was unilaterally tossed. When the respondent complained in writing, the appellant sent a response on the letter head of Details Nigeria Limited stating essentially, that it had withdrawn the said channel and that such a change or withdrawal was based on a sound consideration and numerous factors. The said letter also referred the respondent to the Terms and Conditions of the service which provided for changes in the channels which are brought to the attention of the customer as soon as it is practicable. Respondent stated that both Details Nigeria Ltd and the appellant are chaired and owned by the same people and operate from the same office and that there was no mention in the advertisement of the service that the name Details Nigeria Limited was shown. That the reason he bought the said phone with the included service, was because of the inclusion of Super Sport 3N channel. The respondent stated that the appellant has breached its contract of service and ought to compensate him for the said breach.

The appellants case, on the other hand, is that apart from denying liability, the appellant maintained that it ought not to have been made party to the suit in the first place and that MTN ought to have been made the defendant. Appellant further contended that DSTV Mobile, was in fact Details Nigeria Limited and is the service provider and operator of the platform under which the product Nokia 5330 was advertised. Appellant further stated that advertisement for the product was subject to the Terms and Conditions applicable which were binding on the subscribers. That the service provider, Details Nigeria Ltd, has the right to manage, supervise and remove the channels. That Super Sports 3N channel was being aired only for the World Cup, but when it was removed after the World Cup, three extra channels were added to the bouquet.