Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,165,804 members, 7,862,659 topics. Date: Sunday, 16 June 2024 at 10:15 PM

Court Slams N5m Damages On Airtel - Business - Nairaland

Nairaland Forum / Nairaland / General / Business / Court Slams N5m Damages On Airtel (323 Views)

Nigerian Court Awards $10 Million Damages Against Shoprite For Contract Breach / N5m Goods From Cotonou Destroyed As Boat Capsized At Bonny Jetty In Rivers State / Marvis Marshal-Idio Wins Heritage Bank's Next Titan, Gets N5m/Car (Pics) (2) (3) (4)

(1) (Reply)

Court Slams N5m Damages On Airtel by themomentng: 3:21pm On Nov 02, 2016
Justice Jude Okeke of an FCT high court Maitama 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 continues 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 a 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 inconveniences, 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.

(1) (Reply)

Best Young Entrepreneur Of The Year 2016 - Entrepreneurnaija.com / Good Business Plan/proposal / Free Webinar, How To Equally Make Money Under Google Free Blog ($600/mnth).

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 8
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.