court
By Dennis Agbo
ENUGU-A lecturer in the school of medical sciences, University of Nigeria Teaching Hospital Enugu, Dr. Jones Nwosu has dragged a corporate dealer in electrical appliances, Benny Brothers Nigeria limited to court for selling a defective refrigerator to him and reneged on the warranty of the product.
The matter which has been in the Enugu magistrate court since 2017 however suffered setback when it came up for cross examination of defence witness, yesterday, as the applicant was served with a notice by the defendant’s counsel to join the manufacturer of the defective deep freezer refrigerator, Skyrun, together with one Mr. Emeka, a sales representative of the manufacturing firm.
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Counsel to Dr. Nwosu the plaintiff, Mr. Chijioke Eze however sought for adjournment of the matter to enable him file a counter affidavit in opposition to the motion since he was served in court.
According to Eze, his client, the plaintiff has no privity of contract with Skyrun as the said product was purchased from Benny Brothers. He also contended that it was a 2017 matter which out to have been dispensed with, and frowned at the new development on the matter.
“Filling such application at this time is in bad faith with intent to cause delay and further frustrate the plight of the plaintiff as the defendant has been in custody of the product since 2017 till date and has refused to remedy the situation hence we are in court,” said Eze.
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Nwosu stated that the refrigerator has never functioned since it was bought in January 2016; a fault he disclosed was promptly reported to the seller the same day it was bought. “It drips water and it electrocutes. I have no deal with Skyrun, I did not buy anything from them, and I will continue pursuing the case until I get Justice over it,” Nwosu said.
The presiding magistrate, His Worship A.P Amalu adjourned the matter to March 4 2019 for further argument on the mater
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