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Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages - Phones - Nairaland

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Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by RoyalMail: 4:11pm On Nov 02, 2016
Justice Jude Okeke of an FCT High Court in Maitama, Abuja on Wednesday, slammed a fine of N5 million on Airtel Nig. Ltd for violation of customer’s right to privacy.

The plaintiff, Mr Emmanuel Anene on Dec. 21 filed a suit against Airtel for continue disturbances through unsolicited messages to his line. The judge held that the crucial issue that calls for determination here was whether or not that the plaintiff evidence made out a case to justify the claims in the reliefs he sought.

“One of the reliefs sought an order of the court seeks for the award of damages. A plaintiff who seeks for a violation of right is to succeed on the strength of his case and not on the weakness or absence of the defence.

“Though he can rely on the absence of the defence to support his case."

He said the burden of proof could shift from party to party until the issue in contention is resolved.

The court records showed that the plaintiff evidence of claims was served on the defendant and led evidence in the support of same.

“The defendant who was afforded the opportunity failed to file statement of defence contradicting the plaintiff’s statement of claim or fails to lead evidence in challenge to the claims; it means he had admitted the facts.

“Unless the court does not believe in the evidence or sees any reason in contrary in law it reserves a duty to act on such.

“The defendant failed to place any evidence on the other scale of balance there is nothing against in which the plaintiff’s evidence can be weighed.

Okeke held that the plaintiff complained about disturbances and distractions which he did solicit for, from the defendant but the defendant did not reply nor do anything about it.

“The plaintiff having purchase the defendant telephone number a contractual relationship is satisfied, the defendant is in violation of the right to the plaintiff privacy.

“The defendant, having received complaints from the plaintiff, but continued to disturb the plaintiff from quiet enjoyment of the line.

“In every wrong there must be a remedy, to vindicate the plaintiff’s right which has been violated in the forth going circumstance by the defendant; the plaintiff shall be awarded damages based on the discretion of the court.

“Against this background putting into consideration the obvious inconviencies, discomfort and the embarrassments the plaintiff had undeniably gone through.

“The defendant has been directed to pay to the plaintiff damages not the N200 million the plaintiff asked for but N5 million only.


Source:
http://www.ajayiwrites.com/2016/11/court-awards-n5million-to-customer-who.html

6 Likes

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by RoyalMail: 4:11pm On Nov 02, 2016

11 Likes 1 Share

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by Elkay3: 4:28pm On Nov 02, 2016
Wow. In Nigeria?
If that's what is obtained in courts, DSS! Oya release dos guys. Case go plenty now. Because all of us wae don , get unsolicited messages are about to file a suit.
I you g 4 Sim of the different networks, bros/sis, abeg go start to dae price for land. U shall build early next year. If u do exhaust d 4, discard and buy a new squad! This is the best thing in Nigeria.

50 Likes 2 Shares

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by Turks: 4:47pm On Nov 02, 2016
Whoa! Baba don hammer! Lord...Pickup!!! cry

8 Likes 1 Share

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by Kangol99(m): 4:48pm On Nov 02, 2016
K
Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by Fairagam: 4:48pm On Nov 02, 2016
See groove grin

2 Likes

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by sakalisis(m): 4:48pm On Nov 02, 2016
cool

1 Like

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by Ojeremi(m): 4:49pm On Nov 02, 2016
courT here i come etisalat mtn glo in troubles

7 Likes

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by Neroanna(f): 4:49pm On Nov 02, 2016
Hmmmm
Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by Singapore1(m): 4:49pm On Nov 02, 2016
AYE ETISALAT TI BAJE LONI !!!

85 Likes 6 Shares

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by gen2briz(m): 4:49pm On Nov 02, 2016
In jenifer's voice, MTNN you'll see my laya

8 Likes

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by sammuell(m): 4:49pm On Nov 02, 2016
Make i go sue dem my own

1 Like

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by Damfostopper(m): 4:49pm On Nov 02, 2016
Mtn... in Goldberg's voice.... dat doesn't mean ur next... but mtn ...it may be ur last to stop unnecessary SMS sending

2 Likes

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by armadeo(m): 4:49pm On Nov 02, 2016
Mtn una go hear from me.


Modified: it seems mtn is the main culprit. I suggest a class action suit to put them in the ICU.


Jeez. I don't even k ow if right now I am subscribed to some stuff they just flash on your phone and you press ok instead of cancel they start deducting. What manner of thievery is that

20 Likes 1 Share

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by BarakOkenny(m): 4:49pm On Nov 02, 2016
Omo, I been dey dull myself since o..

106 Likes 5 Shares

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by Neimar: 4:49pm On Nov 02, 2016
mtn am coming for you guys

50m naira law suit

4 Likes

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by HtwoOw: 4:49pm On Nov 02, 2016
Make I come sue MTN

1 Like

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by Nobody: 4:50pm On Nov 02, 2016
.....


alanposh on the beat again..

5m uwa mmebi.. Onyinye ekwensu..
ndi ara ofe mmanu nesiaram anya ma ban ebea..
egbe eluigwe g agbawu onye nweee site a ga eyi pencil mouth trouser were bia.

o feel Na uwa Buh Nke ya...

Na aka nke ozoo,obi adirom mma nno otu club ana akpo man shitty siri wey raaaa m Na abali unyahu Na ejiro ute.. asim ka nwa amadi ana akpo Enrique ka opua aaaa..


Na aka Nke ozoooo kwa.... enweghi aka olu emego ndi mmadu were obi haa nye mmm,Buh only BT one day,ikpuuu ga asara onye raraaaa ya....

Na aka nke ozoo,nyerenu m aka gwaaaa onye isi ala unu ka oga lele ule waec were nyere ministry ya aka maka Na itiiiboribo bu oyaaaaa..



oburu Na imaghi ASUU Igbo or I bu onye ipob or iPhone,biko,don't quote me to avoid mpiawazu

11 Likes

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by falconey(m): 4:50pm On Nov 02, 2016
MTN will liquidate o

1 Like 1 Share

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by Nobody: 4:50pm On Nov 02, 2016
Wow, Etisalat in trouble.

Lawyers invasion at work

1 Like

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by armadeo(m): 4:50pm On Nov 02, 2016
adasexy01:
MTNN OOO shocked shocked shocked shocked
am coming

For real?

1 Like

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by DWJOBScom(m): 4:50pm On Nov 02, 2016
sacking my lawyer and appointing his lawyer as my lawyer .
I am suing them all

9 Likes

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by Sexytemi(f): 4:50pm On Nov 02, 2016
cool cash for this recession o

who knows how I can sue MTN

3 Likes

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by kings09(m): 4:51pm On Nov 02, 2016
Omo see hammer. Make I go file my own case against mtn n etisalat. Eye de red for dis recession

8 Likes 1 Share

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by Nobody: 4:51pm On Nov 02, 2016
I need a lawyer to sue etisalat

1 Like

Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by ikorodureporta: 4:51pm On Nov 02, 2016
Me too go join sue them
Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by southernbelle(f): 4:51pm On Nov 02, 2016
shocked shocked shocked
Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by ArabMopol(m): 4:52pm On Nov 02, 2016
I'm going to sue buhari.... Falani take Note
Re: Court Awards N5m To Airtel Customer Who Dragged Them To Court Over Messages by DNA9(m): 4:52pm On Nov 02, 2016
Nigerian judiciary jst looking 4 a way to create relevance bk again.. we all knw dis won't happen if der was no DSS / Judges saga.. Movie niggas

10 Likes

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