A Federal High Court, in Lagos, on Thursday, struck out a suit which sought for the court to compel DStv to reverse itself on its recent 20 per cent increment in subscription rates.
The plaintiffs had also wanted the court to compel the National Broadcasting Commission to regulate the activities of MultiChoice Nigeria Limited, the operator of DStv, in order for the company to stop increasing its rates arbitrarily.
However the court presided over by Justice C. Jonathan. Aneke also rejected that.
Justice Aneke ruled that the suit was an abuse of court processes as the plaintiffs had no reasonable cause of action. He said the court cannot regulate the price a business offers for a service.
In the course of their arguments, the counsel to Multichoice, Mr. Moyosore Onigbanjo (SAN), that the court lacked the power to regulate the price of services that a business is offering to its customers.
In line with Onigbanjo’s argument that the plaintiffs did not comply with sections 97 and 98 of the Sherrifs and Civil Processes Act in the service of their court papers on the second defendant, NBC, Aneke held that the plaintiffs papers were defective.
“The service of the writ on the second defendant is invalid,” the judge held.
Onigbanjo had, in his argument, pointed the attention of the court to MultiChoice’s conditions or terms of agreement, especially clauses 40 and 41 stating that “Multichoice Nigeria may, from time to time, change the fees payable to Multichoice Nigeria for the Multichoice Service by way of general amendment.”
Aneke held that any customer who is displeased with MultiChoice’s terms reserved the right to opt out of the agreement.
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