Aggrieved customer sues liquidated GTV company

A DAR ES SALAAM resident has sued the pan-African pay-television service GTV for breach of contract in a move that could trigger a wave of similar lawsuits against the company that has now gone into abrupt liquidation.

Rahm Akbar is demanding over 120m/- in damages from the UK-based broadcaster, which lured a significant number of customers in Tanzania and elsewhere on the continent through its exclusively live broadcast of key matches in the English soccer premier league.

The suit against GTV Tanzania Limited, a subsidiary of Britain’s Gateway Broadcast Services, has been filed at the Kisutu Resident Magistrate’s court in Dar es Salaam.

Advocates Fayaz Bhojani and Gaudiosus Ishengoma filed the case under certificate of urgency on behalf of their client.

The lawyers asked for an order obliging GTV Tanzania principals to appear before the Kisutu court and show cause why they should not ’’furnish security for satisfaction of the decree’’ which may be passed against them.

If the respondents fail to show such cause, the advocates demanded that the court issues an order for attachment of the company’s main satellite dish and transmitter, pending judgment of the main suit.

They also asked the court to order GTV to produce and place the satellite dish and transmitter located at GTV Tanzania Limited offices along Bagamoyo Road at the disposal of the court, a court broker, or any other person to be appointed by the court for safe custody, pending hearing and determination of the main suit.

In the main suit, the aggrieved customer is seeking payment of 2.5m/- being value of the satellite equipment, plus general damages to the tune of 100m/-.

His lawyers stated that under the contract entered between Akbar and GTV, the pay-TV firm was supposed to provide satellite services upon payment in advance of 146,000/- monthly. The contract was renewable.

Other terms and conditions of the contract were for Akbar to purchase from GTV necessary equipment for provision of the said services.

’’In the performance of the contract, the plaintiff (Akbar) incurred costs of purchasing a decoder, dish and other incidentals, and has since then been paying, in advance, the monthly payment of 146,000/-,’’ says the lawsuit.

It adds: ’’Despite the plaintiff’s exemplary performance of the contract, the defendant (GTV) has without notice, and any color of right or good cause, stopped its services, thereby breaching the contract and occasioning loss to the plaintiff.’’

’’As a result of the said breach of contract, the plaintiff has suffered a loss of the satellite equipment and the value thereof, which because of the cessation of the defendant’s services have become useless and worthless, and resulted in an abrupt change of way of life, thereby causing great inconvenience and embarrassment to the plaintiff and his family,’’ concludes the lawsuit.

Aggrieved customer sues liquidated GTV company

A DAR ES SALAAM resident has sued the pan-African pay-television service GTV for breach of contract in a move that could trigger a wave of similar lawsuits against the company that has now gone into abrupt liquidation.