A Federal high court sitting in Lagos on Thursday, May 28, 2015 struck out a suit seeking reversal of the 20 percent increase in the rates of Dstv subscription.
The court also dismissed an order compelling the National Broadcasting Commission to regulate the activities of Multichoice preventing subsequent increase in the price of Dstv subscription rates.
Justice C. J Aneke, while ruling on the preliminary objection raised by multichoice, held that the plaintiff had no reasonable course of action.
Justice C..J Aneke ruled that the court lacked the power to determine the price of services rendered to customers of a business.
Counsel to multichoice, Mr. Moyosore Onigbanjo (SAN) argued that the Plantiff did not comply with sections 97 and 98 of the Sheriff and Civil Process Act in the service of their court papers. He pointed that 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 the papers were defective. He further stated that any customer who is displeased with MultiChoice’s terms reserved the right to opt out of the agreement.
The counsel to the plaintiff Mr. Yemi Salma had earlier argued that Multichoice, had no right of being heard in court having ignored an interim injunction of the court on April 2 2015, to reverse the the new rates. Justice Aneke held that the court is bound to listening to arguements for all parties irrespective of the alleged violation of court order.
