FRANCIS ASIEDU AGYEMFRA VS SCANCOM LIMITED
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE NOVISI AFUA ARYENE (MRS.)
Areas of Law
- Tort Law
- Evidence Law
- Commercial Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff participated in the MTN DREAM BIG XTREME PROMOTION run by the Defendant and received messages on April 8th, 2013, implying he might win the grand prize, even though the promotion had ended on April 7th. The Plaintiff sued the Defendant for deceit, claiming mental and emotional distress. The court ruled that the Plaintiff knew the promotion ended on April 7th and that the messages sent on April 8th were due to a technical glitch. The court concluded that the Plaintiff could not reasonably have expected to win and dismissed the case, stating that the Plaintiff's claim of deceit was not supported by the evidence.
Plaintiff claims against defendant the following relief: General damages of GH₵300, 000 for inducing the Plaintiff on 8th of April 2013 by deceit through text messages sent by the Defendant to his cell phone number MTN 0244267558 that the Plaintiff had won or was about to be declared winner of MTN DREAM BIG XTREME PROMOTION a promotion competition mounted by Defendant in December 2012 in which the Plaintiff participated actively upon invitation by the Defendant, when the Defendant knew the promotion had ended on the 7th of April, 2013 thereby causing the Plaintiff mental and psychological distress, loss of time, money and effort and injury to his feelings and dignity.
In December 2012, Defendant mounted a promotion competition named “MTN DREAM BIG EXTREME PROMOTION” with a grand prize of GH₵150, 000. 00. By the terms and conditions of the promotion which was widely publicized in the national newspapers and at Defendant’s website, the promotion was to start at 0: 00: 01 (GMT) on December 27th 2012 and end at 23: 59: 59 GMT on 7th April 2013. Plaintiff, a subscriber with mobile phone number 0244267558 actively participated in the promotion and was described in a message sent to him by Defendant on the 7th of April as a high performer.
Under the terms and conditions of the promotion, participants were to respond to questions posed by the Defendant and points were accumulated for correct answers which was followed by daily, weekly and monthly draws based on accumulated points.
The GRAND PRIZE of GH₵150, 000 was to be awarded to a winner randomly chosen at a draw to be held on the 8th of April.
On the 7th of April, Plaintiff received several messages on his phone which according to him led him to believe that he was likely to be declared the winner of the grand prize of GH₵150, 000. On 8th of April 2013, after the promotion had ended, Plaintiff continued to receive messages on his phone regarding the promotion.
Messages sent include “about to become a new Ghana Millionaire” and “hey 0244267558 we already have your number in case we need to declare you the winner of the grand prize……. . ” Plaintiff averred that hopeful that he was about to win the grand prize, he informed his relatives and friends about his impending fortunes.
His expectations were however dashed when he learnt that Defendant had declared someone else the winner.
Plaintiff lodged a complaint with Defendant and after several follow up letters Defendant responded by a letter dated 8th June