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1 Mar 2017

MTN To Pay A Subscriber N500,000 For Unauthorised Callertunez After Court Ordered

The Federal High Court in Ibadan on
Wednesday, March 1, 2017 has awarded
N530,000 to one Oluwole Aluko for unauthorised
deduction from his lines by MTN Nigeria.

Justice Nathaniel Ayo-Emmanuel who passed
the judgement, held that MTN had found itself
guilty by not challenging the suit.

In his Judgement, he stated:
“The plaintiff has the right to allow or
reject the use of a caller tune. MTN
cannot force the use of any caller tune
on him or anybody because it is
unlawful.
Though the plaintiff sought N10 million
as damages, but I hold that any damage
suffered must be commensurate with the
claim.

I, hereby, award a cost of N500,000 for
the damages suffered and another
N30,000 as cost incurred during the
court process.”

The complainant, who is also stand in as
counsel for himself in the case, had in 2016
filed a N10 million suit against the same
telecom giant.
He claimed that MTN Nigeria had unlawfully
made series of deductions from three of his
MTN lines for caller tunes which he did not
subscribe to.

However, in another twist, Mr Fatiullah Tiamiyu
who the defence counsel has claimed that MTN
is not aware of any court process.
He said: “That is the reason the company has
not been represented in any previous sitting.”

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