Saturday 27th May, 2017
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Court awards N530,000 to MTN customer over unauthorised charges

Court awards N530,000 to MTN customer over unauthorised charges

The Federal High Court in Ibadan has awarded N530,000 to one Oluwole Aluko for unauthorised deduction from his mo­bile lines by MTN, Nige­ria.

In his judgment, Jus­tice Nathaniel Ayo-Em­manuel, held that MTN had admitted guilt by not challenging the action.

He said, “The plaintiff has the right to allow or reject the use of a caller tune. MTN cannot force the use of any caller tune on him or anybody be­cause it is unlawful.

“Though the plaintiff sought N10 million as damages, I hold that any damage suffered must be commensurate with the claim.

“I, hereby, award a cost of N500,000 for the dam­ages suffered and another N30,000 as cost incurred during the court process.”

The plaintiff, who is also the counsel in the case, had in 2016 instituted a N10m suit against MTN.

He claimed that the communication company unlawfully made series of deductions from three of his MTN lines for caller tunes he did not subscribe to.

However, Mr Fatiul­lah Tiamiyu, the defence counsel, denied that MTN was not served any court process.

“That is the reason the company has not been rep­resented in any previous sitting,” he said.

 

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