A Federal High Court in Lagos has dismissed a suit filed by some subscribers challenging the recent 20 per cent increment on subscription rate of Digital Satellite Television (DStv) being operated by Multi-Choice Nigeria Limited.
The subscribers, Osasuyi Adebayo and Oluyinka Oyeniji, had sought an order of the court restraining Multi-Choice from implementing the 20 per cent increment on DStv subscription rate which commenced on April 1, 2015.
However, Justice Chukwujeku Aneke, in his ruling upheld the preliminary objection filed by Multi-choice, and ruled that the suit constituted an abuse of court process.
He dismissed an argument by the plaintiffs that the company ought not to be given right of audience having failed to abide by an earlier ex-parte order of the court restraining the company from implementing the increment.
He maintained that the court was bound to entertain arguments from all parties before it, irrespective of the alleged violation of the court order. According to him, the suit disclosed no reasonable cause of action, as the plaintiffs were not under any obligation to continue to subscribe to the services of Multi-Choice in the face of the increment.
He further upheld Multi-Choice's argument that the suit failed to comply with mandatory provisions of Sections 97 and 98 of the Sherrifs and Civil Processes Act.