A High Court of the Federal Capital Territory, Abuja, sitting at Kuje division, has ordered M. Saleh & Co. Ltd to refund to Hon. Celestine Unini , the sum of ₦3.95 million for Breach of Contract and for supplying him with a faulty and dysfunctional generator.
Honourable Justice Chinyere E. Nwecheonwu, in a judgment delivered on February 26th, 2024, also ordered the defendant M. Saleh & Co. Ltd, to pay Hon. Celestine, additional ₦10 million in damages.
Hon. Celestine Unini, an Abuja businessman, had approached M. Saleh & Co. Ltd in December 2021 to purchase a brand new, fully functional, and fit-for-purpose 22.5 KVA Perkins soundproof generator.
The generator was intended to serve as an alternative power source for his business and to ensure that perishable goods in refrigerators remained fresh during power outages. Hon. Celestine paid ₦3.95 million for the generator, which was delivered and installed by the defendant’s engineers on December 3rd, 2021.
However, just weeks after the initial installation and testing, the generator began to malfunction, failing to power on when needed. Hon. Celestine promptly reported the issue to M. Saleh & Co. Ltd, which sent its technicians to repair the generator on multiple occasions between December 2021 and March 2022. Despite these repairs and servicing, the generator remained dysfunctional and unfit for its intended purpose.
Frustrated by the situation, Hon. Celestine, through his lawyer, Ikogwe Ikechukwu Eugene of Ikogwe Ikechukwu and Associates, wrote to M. Saleh & Co. Ltd on May 30th, 2022, and demanded that the company should either replace the faulty generator with a new, flawless unit or refund the purchased price. The defendant failed to comply with this demand, prompting Mr. Celestine to file a lawsuit against the company through the said Lawyer.
During the court proceedings, M. Saleh & Co. Ltd purported and argued that the generator’s failure was due to a lack of diesel on one occasion and the use of adulterated diesel supplied by Hon. Celestine on another. However, the company failed to prove these assertions with credible evidence, such as diagnostic analyses or laboratory reports.
After carefully examining the evidence presented by both parties and the applicable laws cited by Ikogwe Ikechukwu Eugene Esq, Hon. Celestine’s Lawyer, during his Final Address and submissions to the Court, Honourable Justice Nwecheonwu ruled in favor of the Claimant, Hon. Celestine Unini.
The court found that the plaintiff had proved his case, and demonstrated with credible evidence that M. Saleh & Co. Ltd had supplied a faulty and dysfunctional generator, which constitutes a breach of contract.
Consequently, the court ordered M. Saleh & Co. Ltd to refund the sum of ₦3.95 million to Mr. Celestine, being the purchase price of the defective generator, as special damages. Additionally, the court awarded ₦10 million in favour of Celestine and against M. Saleh & Co. as general damages for breach of contract.
As for Hon. Celestine Unini, the judgment and monetary damages awarded to him provide a measure of relief and compensation for the financial losses and inconveniences that he suffered occasioned by the faulty generator sold to him by M. Saleh & Co. The case may also inspire other consumers to take legal action against companies that fail to deliver on their promises or sell sub-standard products.
Also, a reliable source who doesn’t want his name in print hinted that some other customers who bought the same generator experienced the same problems, which indicate that the generator has factory fault. However, the company allegedly chose to do selective compensation to those customers, depending on their status in society.
This judgment reaffirms the court’s role as the ultimate guardian of justice, protecting the oppressed and those wronged by unjust practices.
The decision sends a powerful message that such conduct will not be tolerated, and serves as a beacon of hope for victims of similar injustices.
The post Court Orders M. Saleh & Co. Ltd. To Refund ₦3.95M & Pay ₦10M In Damages For Breach Of Contract Due To The Sale Of A Faulty Generator appeared first on Barristers.NG .
