By Tope Akinnola
A Lagos High Court today Wednesday, October 8, 2018 slammed N5 million damages on Multi Choice Nigeria Limited, a digital television service provider and owner of the South African owned DSTV operating in Nigeria, for defective decoder and disrupted services.
The court, which was presided over by Justice A. M. Lawal, specifically ordered Multi Choice Nigeria Limited, the defendant, to pay N3 million as
damages for the defective decoder and N2 million for the cost of the suit, totaling N5 million.
Besides, the court ordered Multi Choice to replace the defective HD PVR 2 decoder or substitute the decoder with a similar decoder or device of the same or similar value and quality with one year warranty; and restore the claimant’s unexpired subscription.
The judgement, which was given at Court 49, Fast Track/Commercial Division, climaxed the dispute in suit number LD/ADR/65/2014, which was filed before the court for adjudication four years ago.
During cross-examination in court before Justice Lawal gave his judgment, the claimant, Mr Michael Ajayi told the presiding judge: ”My Lord, it’s not the money that motivated me to pursue this case. But it’s high time that we defend our country and someone should challenge these people, so that they won’t turn our country into a dumping ground for defective decoders…”
The claimant, had dragged Multi Choice Nigeria Limited (the defendant) to court to fight for his rights as a law abiding Nigerian citizen.
He commenced the legal actions by a writ of summons filed on 10th February, 2014. The defendants filed a memorandum of conditional appearance dated and filed on 1st April, 2014, and on 25th April,
2014, filed their statement of defence.
Ajayi’s claims against DSTV/Multi Choice Nigeria Limited were as follows:
1. Damages in the sum of fifty million naira only for defective HD PVR 2 decoders sold to the claimant;
2. Demand for apology from DSTV for the defective HD PVR 2 decoders and/or for disrupted services;
3. Restoration of claimant’s subscription for the period in question; and
4. Replacement of the defective HD PVR 2 decoders with new
one having a warranty of at least one year.
The problem started on 11th February, 2013 when Ajayi purchased a HD PVR 2 DSTV decoder from Radac Communication System, a Multi Choice super dealer and sales representative at the Opebi area in Ikeja, Lagos, at the cost of N68, 000.
The decoder read ”NO POWER” on the screen when it was turned on; and the accredited DSTV installer who carried out the installation lodged a complaint on 10th August, 2013 regarding the faulty decoder and it was replaced by a new one by Radac Communication
System.
This second decoder showed ”BAD HDMI PORT” when it got switched on, and on hearing about it, Radac Communication System further changed the defective decoder yet again.
On 7th December, 2013, the decoder went blank again and Radac Communication System went ahead to give another replacement. The newly swapped decoder was later found to be defective just a few days later. Now frustrated, Ajayi lodged another complaint. This time, Radac Communication System, the accredited DSTV dealer, said they did not have the product, HD PVR 2, any more in stock.
Thereafter, on 23rd December, 2013, Ajayi addressed a letter to the head office of Multi Choice, explaining the frustrating challenges with the defective decoders from their accredited representative, Radac Communication System; and that he had also subscribed for six months but had not been able to enjoy the said HD PVR 2 decoder or DSTV services properly because of the incessant defects, and that the said subscriptions had been unfairly running, unstopped. That was a breach of contract, he said.
The claimant tendered as exhibits relevant documents in line with the law of evidence.
In the statement of defence, the defendant’s Legal Manager, Mrs Olakemi Shaba, testified that the transaction was between the claimant and Radac Communication System and not with Multi Choice. But she confirmed that the claimant was a Multi Choice’s customer having an account with them.
She further stated that all the decoders must have become defective during installation by the installer or via power failure in the claimant’s house. But she did not dispute the fact that the installer was an accredited Multi Choice (DSTV) installer carrying an identity card (ID) from Multi Choice.
