By Innocent Anaba

LAGOS — A Federal High Court sitting in Lagos, Thursday, struck out the suit by some aggrieved 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, who are also lawyers, in the class action on behalf of themselves and other subscribers across the country, prayed the court to restrain Multi-Choice from implementing the 20 per cent increment on DStv subscription rate which began on April 1, 2015.

Trial judge, Justice Chukwujeku Aneke, in a ruling, upheld the preliminary objection by Multi-Choice, and held that the suit amounted to an abuse of court process.

The judge disagreed that Multi-Choice deserved not to be given right of audience having failed to abide by an earlier ex-parte order restraining the company from implementing the increment.

The judge said the court was bound to entertain arguments from all parties before it, irrespective of the alleged violation of the court order and held that 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.

The court agreed with 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, providing that a writ to be served outside jurisdiction must be concurrently issued.