Mr. Jude Daniel Odi v. ECART Internet Services Nigeria Ltd. [2020]

Logically, if clicking on the terms and conditions of the defendant’s website is a condition precedent for any transaction and/or purchase of a product, it presupposes that there is practically no way that a customer can effectively transact or make purchase from the defendant online without first clicking unto the columns for terms and condition. In this instance, a purchaser cannot claim ignorance of such terms and conditions having had to first click on its column prior to any transaction. Such purchaser is deemed to be aware of such terms and condition whether or not he read same for as long as he had the opportunity to so do but opted not to do so. Conversely, where a customer can easily make a purchase or engage in a transaction online with the defendant without having to first click on its terms and conditions it will be putting logic on its head to claim that such a customer is bound by the terms and conditions which were not apparent to him as at the time of transaction.

~ His Worship, Chukwuemeka Tony Ubani