PURPOSE OF FRAMING OR RE-FRAMING AN ISSUE FOR DETERMINATION
Summary Of Fact:
The Appellant, a Legal Practitioner and post-paid customer of the Respondent, contended that the Respondent breached its contractual obligations to him when, for a cumulative period of thirty-one (31) days, it blocked/disconnected his said GSM Line No. 0803-720-0757 without any justification, consequent upon which he suffered enormous frustration, hardship, inconveniences, loss of income and economic loss; causing him to institute proceedings before the High Court of Lagos State, in Suit No. LD/1666/2012: Taiwo Kupolati vs. MTN Nigeria Communications Ltd.
The Appellant claimed a declaration that the blocking/disconnection of his phone line without justification was wrongful and a breach of the contractual obligations, which the Respondent owes him; award of₦50,000,000.00 (Fifty Million Naira) as general and exemplary damages against the Respondent and cost of litigation.
At the end of the trial, the Court found and held that the Respondent was in breach of its contract with the Appellant when it blocked/disconnected the Appellants said GSM line.
It then proceeded to award the sum of N1, 000,000.00 to assuage the Appellant for the frustration, hardship and inconvenience occasioned by the wrongful disconnection of his said GSM line for the cumulative period of thirty-one (31) days.
Dissatisfied with the quantum of damages awarded by the Lower Court, the Appellant has appealed to the Court of Appeal only on that ground.
There is no complaint about the decision that the Respondent was in breach of contract.