A Federal High Court in Lagos has ordered
Multi Choice Nigeria Limited, operator of the
Digital Satellite Television, popularly known as
DStv, to hold action on its planned
subscription fee increment.
Justice C.J. Aneke, who made the interim
order last week, held that it would subsist till
the determination of a lawsuit contesting the
legality of DStv’s newly introduced rates and
increase in tariffs payable by all its
subscribers in the country.
Two legal practitioners in Lagos, Osasuyi
Adebayo and Oluyinka Oyeniji, had approached
the court challenging what they described as
arbitrary increment in DStv subscription rates
imposed on its customers.
The action, they said, followed an
announcement by Multi Choice in March that
it was increasing DStv subscription fees by 20
per cent on all viewing plans effective from
April 1, 2015.
The company had reportedly explained that
the price increase was necessary for it to be
able to continue to offer the best in local and
international entertainment to its subscribers.
But the plaintiffs, who considered the move as
illegal, filed the suit marked FHC/L/
CS/404/2015, joining Multi Choice Nigeria
Limited and the National Broadcasting
Commission as the first and second
defendants respectively.
The plaintiffs, who sued for themselves and on
behalf of all DStv subscribers across the
country, had asked for an order, compelling
NBC to enforce the pay-per-view scheme,
whereby subscribers would only pay for
programmes watched, as was being done in
other parts of the world.
They also asked for an order of the court
restraining any other individual or corporate
entitity from filing any other action on the
subject matter to avoid multiplicity of the
lawsuit.
Aneke, having granted the interim injunction
as prayed by the plaintiffs, directed that the
order be made public through newspapers
publications.
The judge adjourned the case till April 16,
2015.
Aneke held, “That an order of interim
injunction is hereby granted to the parties to
maintain the status quo restraining the 1st
defendant (Multichoice/DStv) from giving
effect or enforcing its planned increase in cost
of the different classes of viewing or
programmes bouquet, pending the hearing and
determination of the motion on notice.
“That an order is hereby granted certifying the
plaintiffs’ claim as a class action for
themselves as individual subscribers, other
corporate subscribers, distributors and
retailers of the 1st defendants’ services.
“That an order is hereby granted restraining
any other person whether individual or
corporate from instituting any other action as
may be related to the action against the
defendant to prevent multiplicity of lawsuits
pursuant to the appointment of the plaintiffs
in the class action but may instead opt in or
out of this action.”
Multi Choice Nigeria Limited, operator of the
Digital Satellite Television, popularly known as
DStv, to hold action on its planned
subscription fee increment.
Justice C.J. Aneke, who made the interim
order last week, held that it would subsist till
the determination of a lawsuit contesting the
legality of DStv’s newly introduced rates and
increase in tariffs payable by all its
subscribers in the country.
Two legal practitioners in Lagos, Osasuyi
Adebayo and Oluyinka Oyeniji, had approached
the court challenging what they described as
arbitrary increment in DStv subscription rates
imposed on its customers.
The action, they said, followed an
announcement by Multi Choice in March that
it was increasing DStv subscription fees by 20
per cent on all viewing plans effective from
April 1, 2015.
The company had reportedly explained that
the price increase was necessary for it to be
able to continue to offer the best in local and
international entertainment to its subscribers.
But the plaintiffs, who considered the move as
illegal, filed the suit marked FHC/L/
CS/404/2015, joining Multi Choice Nigeria
Limited and the National Broadcasting
Commission as the first and second
defendants respectively.
The plaintiffs, who sued for themselves and on
behalf of all DStv subscribers across the
country, had asked for an order, compelling
NBC to enforce the pay-per-view scheme,
whereby subscribers would only pay for
programmes watched, as was being done in
other parts of the world.
They also asked for an order of the court
restraining any other individual or corporate
entitity from filing any other action on the
subject matter to avoid multiplicity of the
lawsuit.
Aneke, having granted the interim injunction
as prayed by the plaintiffs, directed that the
order be made public through newspapers
publications.
The judge adjourned the case till April 16,
2015.
Aneke held, “That an order of interim
injunction is hereby granted to the parties to
maintain the status quo restraining the 1st
defendant (Multichoice/DStv) from giving
effect or enforcing its planned increase in cost
of the different classes of viewing or
programmes bouquet, pending the hearing and
determination of the motion on notice.
“That an order is hereby granted certifying the
plaintiffs’ claim as a class action for
themselves as individual subscribers, other
corporate subscribers, distributors and
retailers of the 1st defendants’ services.
“That an order is hereby granted restraining
any other person whether individual or
corporate from instituting any other action as
may be related to the action against the
defendant to prevent multiplicity of lawsuits
pursuant to the appointment of the plaintiffs
in the class action but may instead opt in or
out of this action.”
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