Firm sues Coscharis Motors over alleged breach of contract
Alleging breach of contract, a Lagos based oil firm, Midwestern Oil & Gas Company Ltd has sued Coscharis Motors limited and Emtem International Concept Nigeria Limited before a Lagos high court, claiming the sum of N41.500 million as damages.
In the suit filed by its counsel, Onyebuchi Aniakor, the claimant averred that on or about 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.
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 proceeded to pay for the said vehicle in the sum of N7.3 million, the receipt of which was acknowledged by the 2nd defendant with the date March 4, 2015.
The Claimant averred that it paid for the said vehicle and 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: 3 years or 60,000km, whichever comes first.”, commencing from the date of taking delivery of the same.
Midwestern oil averred that whilst the contract between the claimant and the defendants, and upon which the claimant made the said payment was for the supply of a mint-new Ford Edge SE 2015 Model with full options, the defendants supplied, instead, a broken-down piece of ironmongery to the claimant.