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.”