An MTN subscriber, Toyin Adejare, has lost a case in which she claimed over N56m as damages against the telecommunication firm.
Adejare, in the suit marked 1/729/2014, had asked the court to declare the blocking of her telephone line by MTN without her consent, instruction and request as unlawful and illegal.
She also prayed the court to declare that the act of the telecommunication company was tantamount to trespassing and trampling on her right.
She asked the court to award the sum of N1m as damages and N5m and N50m as damages for trespass and general damages, respectively.
Tomiwa Akinbiyi held the brief for the claimant, while Isiaka Olagunju and Olajumoke Oladejo defended MTN in the case that lasted six years.
While delivering her judgment, Justice E. O. Ajayi of the Oyo State High Court in Ibadan, said, “It follows that the claimant, by her plea, had technically admitted that there were terms and conditions for the purchase and of use of a SIM starter pack.
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“The claimant, in her evidence, said she never requested a swap of her line. However, since forgery is a crime, the law puts the burden on the claimant in this case to prove same beyond reasonable doubt.
“The claimant failed to prove that the signature in exhibit B was forged coupled with the fact that same was tendered without any objection and this led the court to be of the considered view that there are terms and conditions guiding the transaction between the claimant and the defendant and I hold accordingly.
“In the light of the above, I am of the view that the defendant, by exhibits B and C, and the averment of the claimant in paragraph 13 of the reply, was absolved of any loss or damage that might be caused by the negligent act or omission on the part of MTN, its employee and or its agent. From the foregoing, I refuse legs 1 and 2 of the claims.”
