Judgment
CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This is a judgment against the decision of the High Court of Justice, Benue State (hereafter the lower/trial Court) presided over by Hon. Justice M. A. Ikpambese, J., delivered 22nd December, 2017 in suit No.
MHC/136/17. The plaintiff at the trial Court who herein is the respondent, had by a writ of summons issued 22nd March, 2017 and statement of claim filed same day claimed, as follows against the defendant who is the appellant herein: 23. (a) A DECLARATION that the blockage of the plaintiff’s MTN line, 08036361204 which the plaintiff obtained from the defendant sometimes in the year 2005 or 2006 and which he has been using consistently since then except for the eight days he travelled to Cameroun was based on negligence. (b) A DECLARATION that the welcoming and ceding of the plaintiff’s MTN line, 08036361204 which the plaintiff obtained from the defendant sometimes in the year 2005 or 2006 and has been utilizing to an unknown person by the defendant without confirming the data in their systems constitutes grave negligence and insensitivity to the duty of care owed the plaintiff, an esteemed customer. (c) A DECLARATION that the blocking of the plaintiff’s MTN line 08036361204 which the plaintiff obtained from the defendant sometimes in the year 2005 or 2006 and using its network to withdraw the funds in the account of the plaintiff and sending the alert into the unknown number welcomed by the defendant constitutes a breach of care and kingship status of a customer in the world of business. (d) AN ORDER of the Honourable Court compelling the defendant to refund the sum of two hundred thousand, four hundred and twenty thousand naira negligently or fraudulently withdrawn from the plaintiff’s fidelity account using the network of the defendant. (e) AN ORDER of perpetual injunction restraining the defendant from further tempering (sic) with the account of the plaintiff or from doing anything negligently to the MTN line of the plaintiff. (f) SPECIAL DAMAGES of Two Hundred and Fifty Thousand [N250,000] Naira only representing legal consultancy fees and the advanced payment for the prosecution of this suit. (g) GENERAL DAMAGES of Twenty Million Naira [N20,000,000.00] only on punitive and exemplary footing for the psychological trauma, commercial stagnation, erosion of reputation and societal disgrace the plaintiff suffered as a result of the defendant’s unwarranted, mischievous, negligent blocking of the plaintiff MTN line and ceding it to another. (h) THE COST of prosecuting this suit assessed at 20% of the judgment sum. (i) AN ORDER of 10% post judgment interest until the judgment sum is defrayed. (See pages 7 – 8 of the record of appeal).
