The Federal High Court sitting at Ibadan on Wednesday awarded N530,000 to one Mr. Oluwole Aluko for unauthorized deduction from his mobile lines by mobile operator MTN, Nigeria.
“The plaintiff has the right to allow or reject the use of a caller tune service. MTN cannot force the use of any caller tune on him or anybody because it is unlawful, Justice Nathaniel Ayo-Emmanuel said in his judgment.
“I, at this moment, award a cost of N500,000 for the damages suffered and another N30,000 as cost incurred during the court process,” Justice Nathaniel Ayo-Emmanuel says.
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Though the plaintiff had sought damages worth N10 million, I hold that any damage(s) suffered must be commensurate with the claim he says.
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Mr. Oluwole Aluko claimed that the South African mobile telecommunications company had unlawfully made series of deductions from three of his MTN lines for caller tunes he did not subscribe to.
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The defense counsel, Mr. Fatiullah Tiamiyu, denied that MTN was not served any court process. “That is the reason the company has not been represented in any previous sitting,”
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