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MTN wins N56m case filed by subscriber

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A lawsuit filed against the telecommunications giant in Nigeria, MTN by a lady named, Toyin Adejare back in 2014 has been concluded and the Ms. Toyin eventually lost the case.

The suit marked 1/729/2014 filed by the subscriber against the telco giant for blocking her number without her consent and authorization, stating that the act was illegal.

Ms. Toying asked that the court should award the sum of N1m as damages and N5m and N50m as damages on the grounds of trespass and general damages, respectively.

Tomiwa Akinbiyi headed the prosecution council, while Isiaka Olagunju and Olajumoke Oladejo were defendants for MTN for a case that lasted six years.

Justice E. O. Ajayi upon delivering judgement in the Oyo state High Court, Ibadan said “It follows that the claimant, by her plea, had technically admitted that there were terms and conditions for the purchase and of use of a SIM starter pack.”

“The claimant, in her evidence, said she never requested a swap of her line. However, since forgery is a crime, the law puts the burden on the claimant in this case to prove same beyond reasonable doubt.

“The claimant failed to prove that the signature in exhibit B was forged coupled with the fact that same was tendered without any objection and this led the court to be of the considered view that there are terms and conditions guiding the transaction between the claimant and the defendant and I hold accordingly.”

“In the light of the above, I am of the view that the defendant, by exhibits B and C, and the averment of the claimant in paragraph 13 of the reply, was absolved of any loss or damage that might be caused by the negligent act or omission on the part of MTN, its employee and or its agent. From the foregoing, I refuse legs 1 and 2 of the claims.”

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