Court Orders EEDC To Pay N6.3 Million For Illegal Disconnection Of Lawyer’s Home In Owerri
In a significant legal victory, an Owerri High Court in Imo State has ruled against the Enugu Electricity Distribution Company (EEDC), mandating it to compensate an Owerri-based legal practitioner, Jonathan C. Uwandu, with the sum of N6.3 million for an illegal disconnection.
The judgment, delivered in a suit numbered HOW/267/2019, was presided over by Justice K.A. Leweanya, who deemed the disconnection of electricity at No. 48 Amaigbo Street, Owerri, Imo State, by the defendants on December 19, 2019, unlawful. This action occurred despite Uwandu’s payment of bills and display of receipts, constituting a breach of duty owed by the defendants to the plaintiff.
The court criticized the defendants’ practice of disconnecting Uwandu’s power source without prior notice, even when bills were settled. Justice Leweanya emphasized the duty of the defendants to supply electricity to the plaintiff and refrain from tampering with his power source, a duty consistently neglected.
Moreover, the judge affirmed Uwandu’s right to bring the suit, stating that negligence tort actions can arise from contractual agreements, allowing third-party claims for damages resulting from contractual breaches.
Highlighting procedural guidelines, Justice Leweanya clarified that disconnection is permissible only when bills remain unpaid beyond the stipulated payment date.
Consequently, the court awarded N170,000 to the plaintiff as special damages, N6 million as general damages for breach of duty, and imposed a cost of N100,000 on the defendants in favor of the plaintiff.
The ruling marks a significant precedent in consumer rights protection, underscoring legal recourse for individuals subjected to unlawful actions by service providers like the EEDC.
