By Onozure Dania
A SENIOR Advocate of Nigeria, Mr Olusina Sofola, has dragged Coscharis Motors Ltd to a Lagos Magistrate’s Court, sitting at Igbosere, over a defective Jaguar car valued at N24.15million sold to him. Defendant in the suit is Jaguar Land Rover Limited.
The claimant is demanding N9.5million, as general damages, resulting from the inconveniences suffered as a result of the defective supposedly brand new Jaguar car sold and delivered to him, by the defendants.
Sofola is further asking for an order of court directing the defendants to replace the Jaguar XJ 2.0 Sedan Automobile with chassis No SAJAA12NIFPV79999 and engine No 040914054912204PT, with a new one of the same specifications.
The SAN, is also seeking an order directing the first defendant to refund N148, 335, being the excess on the N1,097,035.17, paid by the claimant for the purchase and replacement of the cracked windscreen. He also asked the court to declare that the defendants breached the warranty given to the claimant upon the purchase of a brand new Jaguar XJ 2.0 Sedan Automobile and that it also breached the duty to deliver a fit for purpose brand new Jaguar to the claimant.
Sofola in his particulars of claim said that on December 7, 2016, he purchased a black coloured 2015 model Jaguar, the XJ 2.0 Sedan automobile from the first defendant for N24,150,000.
He said that the purchase of the car came with a three year warranty, adding that the warranty stipulated that he would enjoy the car without problem. According to him, upon delivery of the car together with its documentations, he noticed on the same day of the delivery that the three years warranty pack included as part of the car maintenance package had been removed.
The claimant also noticed that there was a problem with the closing of the car bonnet, and that he made a complaint and was advised to take the car back for adjustment. A few days later, he said he also noticed that the car was showing maintenance due sign, with the dash board and certain other parts of the interior of the car peeling and being very sticky to touch.
He said he made a complaint to one Mr. Umokoro, an official of the first defendant, who promised to sort out the issues and further assured him that the defective parts complained of would be ordered and re-installed in the car, while the warranty service pack would be restored.
The claimant who resides and carries out business at Ikeja, said barely a week after the purchase of the car, he had to return the Jaguar to the Awoyaya office of the first defendant.
However, the defendants in their response denied some of the claims of the claimant, stating that the car was delivered to the claimant in good condition. They stated that the terms of warranty only covered certain problems that the car may have during the period warranteed.
The defendants also said that at the time of the delivery of the vehicle to the claimant, the warranty/service pack of the Jaguar automobile sedan was in the globe compartment of the vehicle which also contains the hand book alongside the owners manual. They averred that the claimant was not entitled to replacement of the Jaguar automobile sedan as there was no such provision in the warranty.
The firm also averred that the ordinary summons of the claimant was baseless, frivolous and calculated to reap funds from the defendants.
Consequently, the firm asked the court to dismiss the suit and award substantial cost against the claimant.
Meanwhile, the matter which was slated for trial on March 21, 2019, before an Igbosere Magistrate’s court, could not go on, as the defendant’s lawyer, Ike Ugwoke, told the court that they were not ready for trial. Consequently, Magistrate M.O Osinbajo, adjourned the case to April 15, for trial.