The Asaba division of the court of appeal has awarded the sum of N5.5 million damages against Multichoice Nigeria Limited for disconnecting a customer.
The court awarded the sum against Multichoice for disconnecting Victor Otomiewo before the expiration of his DSTV subscription.
Otomiewo, a former Delta State Attorney-General, submitted that on December 19, 2014, he had paid the sum of N69,900 for the six-month subscription, which was to expire on July 19, 2015.
However, on June 2, 2015, he was disconnected and was only reconnected after approaching the court on June 19, which was the fifth time he experienced a breach for paid service by Multichoice.
On June 27, 2016, a Delta State High Court in Warri judged the matter and awarded the sum of N500,000 against Multichoice in favour of Mr Otomiewo.
Not satisfied with the lower court’s decision, Otomiewo approached the appellate court, asking it to determine the following.
“Whether the lower court was right in awarding the sum of N500,000 as damages against the appellant given the principle of restitution in integrum and the absence of credible evidence”.
“Whether the learned trial judge made good and legal use of the opportunity of seeing and hearing the witnesses in the evaluation of the evidence and his ascription of value to same.
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“Whether the quantum of damages awarded by the learned trial judge at N500,000 in favour of the cross-appellant is justifiable having regards to the evidence adduced by the cross-appellant in support of the claim for damages and the circumstances of this case.”
Delivering judgement, Justice Abimbola Obaseki-Adejumo on March 26, 2021, held that “When a subscription for the use of a facility or access to get a benefit is paid for or subscribed for whatever purpose, once it is paid, a duty and obligation fall on that office/agency/outfit howsoever described, to render services.
“If it is disconnected, a prompt restoration and explanation should be offered to assuage the deprived party.
“This is what those in the service industry should cultivate to avoid suits and damages which may put them in a bad light and affect their businesses.
The judge noted that the cost of damage awarded by the lower court was “grossly insufficient” and was made on “wrong principles”.
According to the judge, to correct the injustice, he awarded the sum of N5.5 million in favour of the appellant.
