By; BAYO AKAMO, Ibadan
An Oyo State High Court sitting in Ibadan has directed the Globacom Limited to pay N20 million to Alhaji Muniru Oladayo Ola as general damages for the breach of contract and for the negligent manner in which the Globacom service provider handled/managed the Glo line No. 08056070178 .
Alhaji Muniru Oladayo Ola in suit number I/885/2013 had sued the Globacom Limited (1st defendant), together with Vienti Limited (2nd defendant) and Victor Mordi (3rd defendant) the claiming the declaration that the unilateral conversation/change by the first defendant( Globacom Limited) of the claimant ‘s( Alhaji Oladayo) Glo line No. 08056070178 from pre-paid /( pay-as-you-go) plan to contact /post-paid plan which occasioned serious hardship to the claimant is wrongful and a breach of the claimant’s contract with the 1st defendant..
Justice Ezekiel Yemi Ajayi in his judgement held that the assignment of the claimant’s Glo line No. 08056070178 to the 2nd and 3rd defendants and allowing the line to be used by them simultaneously with the claimant and passing all the bills for the calls to the claimant it’s wrongful, unwarranted breach of the 1st defendant contract with the claimant.
The judge further ruled that 1st defendant’s act of opening up the claimant’s telephone /GSM line no. 08056070178 for other people including 2nd and 3rd defendant’s use simultaneously with the claimant is in breach of the claimant’s right to the privacy of his telephone conversation as entrenched and guaranteed in section 37 of the Constitution of the Federal Republic of Nigeria.
Justice Ajayi stressed that the blockage of the claimant’s Glo Sim/line no. 08056070178 by the 1st defendant without any lawful justification thereby depriving him the use and enjoyment of same issue as unwarranted, illegal and wrongful ordered the 1st defendant to immediately reverse all the strange /phantom bills and illegal charges settled/paid by the claimant on his GSM line no. 08056070178 for calls made by the 2nd and 3rd defendants as captured in Account No.4,4468.00.00.100066 .
The judge directed the 1st defendant to revert the claimant’s line no. 08056070178 to the pre-paid /as-you-go plan from the contract plan which the 1st defendant compulsory converted it to and ordered the 1st defendant to stop/suspend any other person including the 2nd and 3rd defendants from the usage of the claimant glo line no. 08056070178 simultaneously with him among others.
