Dr. Atuguba sues MTN

Lawyer Atuguba is seeking a restoration of his line and compensation for violation of his rights as well as loss of business.

Myjoyonline.com has sighted a writ filed by Dr. Atuguba in which he alleges MTN has also ignored many complaints about overbilling and an ultimatum to re-activate his line or face legal action.

The writ is published below:

IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT OF JUSTICE
(HUMAN RIGHTS DIVISION)
ACCRA, AD 2012.
SUIT NO………….…

IN THE MATTER OF AN APPLICATION UNDER ARTICLE 33 OF THE 1992 CONSTITUTION AND ORDER 67 OF THE HIGH COURT (CIVIL PROCEDURE) RULES, 2004 (C.I. 47)
AND
IN THE MATTER BETWEEN

1. DR. RAYMOND AKONGBURO ATUGUBA
HOUSE No. E. 7
SOUTH WEST LEGON ESTATES
KISSEMAN
ACCRA……………………………………………………… …APPLICANT
VERSUS

1. SCANCOM GH. LTD (MTN)

PLOT # 17&19
RIDGE TOWERS
10TH - 12TH FLOOR
6TH AVENUE
RIDGE
ACCRA

2. THE ATTORNEY - GENERAL

MINISTRY OF JUSTICE
MINISTRIES
ACCRA………………………………………………………….RESPONDENTS
………………………………………………………………………………………………
MOTION OF NOTICE
………………………………………………………………………………………………
TAKE NOTICE that this Honourable Court will be moved by the applicant, or counsel for and on behalf of the applicant for:

1. A declaration that the 1st Respondent (Scancom GH. Ltd/MTN) is likely to contravene the right to life of the Applicant by disabling communication services to his telephone line.

2. A declaration that the 1st Respondent (Scancom GH. Ltd/MTN) is likely to contravene the right to property of the Applicant by disabling communication services to his telephone line.

3. A declaration that the 1st Respondent (Scancom GH. Ltd/MTN) has contravened the right to property of the Applicant by disabling communication services to his telephone line.

4. A declaration that the 1st Respondent (Scancom GH. Ltd/MTN) has contravened the right to freedom of association of the Applicant by disabling communication services to his telephone line.

5. A declaration that the 1st Respondent (Scancom GH. Ltd/MTN) has contravened the right to information of the Applicant by disabling communication services to his telephone line.

6. A declaration that the 1st Respondent (Scancom GH. Ltd/MTN) has contravened the economic right to work of the Applicant by disabling communication services to his telephone line.

7. A declaration that the 1st Respondent (Scancom GH. Ltd/MTN) has contravened the right to communicate of the Applicant by disabling communication services to his telephone line.

8. An order directed at the 1st Respondent (Scancom GH. Ltd/MTN) to restore forthwith the communication services that the Applicant is supposed to enjoy from the 1st Respondent until the billing disputes between the 1st Respondent (Scancom GH. Ltd/MTN) and the Applicant have been resolved and all instances of overbilling and other service errors detrimental to the Applicant are fully and completely rectified.

9. An order directed at the 1st Respondent (Scancom GH. Ltd/MTN) to pay to the Applicant:

a. Compensation for the infractions on his constitutional and legal rights to life, property, association, information, work, and communication;

b. Compensation for the pecuniary losses resulting from the loss of business and opportunities caused by the wrongful disruption of communication services to the Applicant; and

c. Compensation for the inconveniences caused by the wrongful disruption of communication services to the Applicant, particularly the apprehension that he will be unable to communicate in times of danger to himself, his family, his property, or the property of his family.

10. Such other orders and directions as to this Honourable Court may deem meet for the purpose of remedying the infringement of the constitutional and legal rights of the Applicant.

COURT TO BE MOVED ON THE…………day of ……………….2012 at ……... O’clock in the fore noon or soon thereafter as the Applicant or counsel for the applicant may be heard.
………………………………

DR RAYMOND ATUGUBA

(APPLICANT)

REGISTRAR
HIGH COURT OF JUSTICE
(HUMAN RIGHTS DIVISION)
ACCRA
AND TO THE ABOVE NAMED RESPONDENTS

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