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Six years after, subscriber loses N56m suit against MTN

Six years after the suit was filed, an Oyo State High Court has declined the prayer of a subscriber, Toyin Bilikisu Adejare, who had asked for over N56 million damages against the telecommunications giant, MTN for allegedly violating her rights on SIM swap.
The subscriber had filed the suit marked 1/729/2014 against MTN seeking a declaration that the act of the defendant to block her mobile line without her request, instruction and consent was unlawful and illegal; a declaration that the act of the telecommunications company was tantamount to trespassing on her right to use the line.
As a redress therefore, she had through her counsel: Tomiwa Akinbiyi, prayed the court to award over N1 million as special damages and N5 million with N50 million for trespass and general damages, respectively. Isiaka Abiola Olagunju and Olajumoke Oladejo counsel for the defendant had, however, countered the claim.
While delivering judgment on Friday after six years of the legal tussle, Justice E.O Ajayi said: “It follows that the claimant by her pleading in paragraph 13 of the reply to the statement of defence had technically admitted that there are terms and conditions for purchase and of use of a SIM starter pack.
“The claimant in her evidence said she never requested for a swap of her line at the defendant’s Abeokuta connect office and said further that the signature was not hers, meaning it was forged.
“However, since forgery is a crime, the law puts 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 led this court to be of considered view that there are terms and conditions guiding the transaction between the claimant and the defendant and I hold accordingly.”

 

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