By Onozure Dania
A Lagos-based oil firm, Midwestern Oil & Gas Company Limited has dragged Coscharis Motors Limited and Emtem International Concept Nigeria Limited, before a Lagos High Court sitting in Igbosere, over alleged breach of contract, claiming the sum of N41.5 million as damages.
The plaintiff, in suit by its counsel, Mr Onyebuchi Aniakor, is contending that on February 26, 2015, it approached the 1st defendant for the purchase of a 2015 Model Ford Edge SE vehicle and was directed by the 1st defendant’s Group Sales Manager, one Yinka Oladipo, to go through the 2nd defendant, with its principal place of business within the jurisdiction at Car Shop, Oniru, Victoria Island, Lagos.
He stated that upon the representations of the 1st defendant and the terms of the Pro-forma Invoice dated February 26, 2015 issued by the 2nd defendant, the claimant allegedly paid for the said vehicle the sum of N7.3 million, the receipt of which was acknowledged by a receipt dated March 4, 2015 by the 2nd defendant.
The claimant further stated that he took delivery of the same upon the condition and representations of the defendants, particularly, the 1st defendant that the said vehicle was a mint-new Ford Edge SE vehicle 2015 Model with full options, devoid of any defects and having a “Warranty of three years or 60,000km, whichever comes first,” commencing from the date of taking delivery of the same.
Midwestern added that the defendants supplied, instead, a broken-down piece of ironmongery to the claimant.
The claimant further alleged that notwithstanding the terms of the said purchase and the available warranties and assurances on the part of the 1st defendant on the state of the said vehicle and the after sales and support services in favour of the claimant, since taking delivery of the said vehicle in March, 2015 by the claimant, it has turned into a long series of embarrassing break-downs, faulty components, malfunctioning parts and abysmally poor performance.
According to the oil firm, by a series of correspondence, particularly, e-mail messages, it was constrained to complain to the 1st defendant on the developments in particular, by an e-mail of its Head, Administration, one Gbenga Ajibua, the claimant’s official to whom the said vehicle was assigned.
Consequently, the claimant is seeking an order for the defendants to forthwith supply and/or deliver to the claimant a replacement of the said vehicle with another vehicle of, at the least, equal make and specifications as contained in the said pro-forma invoice upon which the claimant made the said payment.
It further seeks the sum of N25m as exemplary and/or punitive damages for breach of contract and/or negligence as well as the costs of the action.
No date has been fixed for the hearing of the suit.