<\/p>\n
.Ordered To Pay 6.270m In Damages<\/b><\/b><\/p>\n
A High Court of Imo State sitting in Owerri per Hon. Justice K.A Leweanya, J, has delivered judgment in the Suit filed by an Owerri-based legal practitioner and social Engineer, Barr. J C Uwandu as the Plaintiff against EEDC and one of her staff, Chima Udochi J in Suit\u00a0No. HOW\/267\/2019<\/b>\u00a0BETWEEEN BARR. JONATHAN C UWANDU V. ENUGU ELECTRICITY DISTRIBUTION COMPANY (EEDC) & ANOR, wherein the Plaintiff claimed against the Defendants jointly and severally as follows:<\/p>\n
A.\u00a0\u00a0\u00a0\u00a0A Declaration that the disconnection of the source of electricity of the Plaintiff at No. 48 Amaigbo Street, Owerri, Imo State by the Defendants on 19\/12\/2018 when the Plaintiff had paid and displayed the Receipt is unlawful and a breach of duty owed the Plaintiff by the Defendants.<\/p>\n
B.\u00a0\u00a0\u00a0\u00a0N<\/s>170, 000. 00 (One Hundred and Seventy Thousand Naira only) being special Damages.<\/p>\n
C.\u00a0\u00a0\u00a0\u00a0The sum\u00a0N<\/s>10, 000, 000. 00 (Ten Million Naira only) being general damages for breach of duty owed the Plaintiff by the Defendants.<\/p>\n
D.\u00a0\u00a0\u00a0Cost of this Suit assessed at\u00a0N<\/s>500,000. 00 (Five Hundred Thousand Naira).<\/p>\n
E.\u00a0\u00a0\u00a0\u00a0\u00a0An Order directing the Defendants to pay 10% interest on whatever sum adjudged due to the Plaintiff from the date of judgment till liquidation.<\/p>\n
In a recent judgment, the High Court after hearing evidence, receiving Exhibits in the Matter, evaluating them and hearing J C Uwandu, Esq and S.I Amadi – Obi, Esq of Counsel to the Plaintiff and 1st<\/sup>\u00a0Defendant respectively, held that there was privity of Contract between the Plaintiff and EEDC and there was non – compliance by EEDC to Section 5 (1) (a) – (f) of the Nigerian Electricity Regulatory Commission’s Connection and Disconnection Procedure for Electricity Service, 2007 which required a disconnection notice in writing before a disconnection of the electricity supply and the disconnection notice ought to state the following:<\/p>\n a.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Payment date is clearly shown on the bill.<\/p>\n b.\u00a0\u00a0\u00a0\u00a0\u00a0Payment date is at-least 10 working days from the date of delivery of the bill to the supply address or delivery address provided by the customer, which is acceptable to the distribution company;<\/p>\n c.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Payment date has not been superseded by a subsequent payment date issued to the same customer for the same supply address;<\/p>\n d.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Period between the payment date and the date of disconnection is not less than 3 months;<\/p>\n e.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Distribution company has verified from its record that the bill has not been paid;<\/p>\n f.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Distribution Company has given the customer a written warning that the electricity supply shall be disconnected if payment is not made by the payment date and the warning contains:<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0i.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0The date of its delivery to the supply address or any other address provided by the customer and;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0ii.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0A telephone number and or address acceptable to the distribution company, where the customer can request assistance for paying the outstanding bill.<\/p>\n The Court also found that EEDC failed to comply with Section 9 of the Nigerian Electricity Regulatory Commission’s Connection and Disconnection Procedure for Electricity Service, 2007 which requires a post-disconnection Notice in writing advising the Customer of the following:<\/p>\n 1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0The date and time of disconnection;<\/p>\n 2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0The reason for disconnection;<\/p>\n 3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0The actions to be taken by the customer to have the electricity supply reconnected and;<\/p>\n 4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0The contact address and telephone number of the distribution company.<\/p>\n Consequent upon the above findings, the Court granted the following Reliefs to the Plaintiff:<\/p>\n A.\u00a0\u00a0\u00a0\u00a0A Declaration that the disconnection of the source of electricity of the Plaintiff at No. 48 Amaigbo Street, Owerri, Imo State by the Defendants on 19\/12\/2018 when the Plaintiff had paid and displayed the Receipt is unlawful and a breach of duty owed the Plaintiff by the Defendants.<\/p>\n B.\u00a0\u00a0\u00a0 C.\u00a0\u00a0\u00a0The sum N6, 000,\u00a0000. 00 (Six Million Naira only) being general damages\u00a0for breach of duty owed the Plaintiff by the Defendants.<\/p>\n D.\u00a0\u00a0\u00a0Cost of this Suit assessed at N100, 000. 00 (One Hundred Thousand\u00a0Naira).<\/p>\n","protected":false},"excerpt":{"rendered":" .Ordered To Pay 6.270m In Damages A High Court of Imo State sitting in<\/p>\n","protected":false},"author":1,"featured_media":15204,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-42763","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-frontpage"],"yoast_head":"\nN<\/s>170, 000. 00 (One Hundred and Seventy Thousand Naira only) being special Damages.<\/p>\n