The court, in a judgment by Mrs M.O. Osinbajo, upheld Sofola’s claim that the vehicle he purchased as brand new in December 2016 came with factory defects.
The magistrate dismissed Cocharis’ defence that the faults developed by the car within three months of purchase were due to the SAN’s carelessness.
In his testimony before the court, Sofola said he purchased the Jaguar XJ 2.0 Sedan with Chassis No. SAJAA12NIFPV79999 and Engine No. 040914054912204PT with three years’ warranty.
He said upon the delivery of the car to him on December 7, 2016, he noticed that there was a problem closing the bonnet of the car and he complained immediately to Cocharis, which advised him to bring the car to its branch office in Ikeja for adjustment.
He said he took the car to Cocharis office for adjustment “believing it was a one-off thing.”
He, however, said a few days after, “I noticed that the car’s instrument display was showing ‘maintenance due’ sign and the dashboard and other parts of the interior of the car were peeling and were very sticky to touch.”
Sofola said he immediately complained to an official of Cocharis, one Mr Umukoro, “who promised to sort out the issues and who further assured me that the defective parts would be ordered and re-installed in the car.”
He said just a week after purchasing the N24m ride, he had to return it to the Awoyaya office of Cocharis for repairs.
He said in February of 2017, pebbles fell on the car’s windscreen and cracked it and on presenting it to Cocharis branch office in Ikeja, he was given a quotation of N1,097,035.17 to replace the cracked windscreen and some damaged body parts.
He said, “Upon the return of the car to me, I noticed that the interior part of the car earlier complained of were worse than when I initially complained of them and upon closer inspection, I discovered that someone had attempted to paint the interior parts or panels complained of to make them appear new.
“I also noticed that the windscreen for which I paid N1,097,035.17 had a white spot on it, which did not clear when the screen was washed.
“I had to return the car to the Ikeja office of the 1st defendant, which insisted that I return the car to its Awoyaya office, which I did and I was informed that the Ikeja office was wrong to have painted the interior part and that there was an error in the installation of the windscreen.”
The SAN said the Awoyaya office of Cocharis promised him that the defective parts would be ordered and ready in a week.
He, however, said the parts were not replaced until May 2017, adding that upon the return of the car to him, he noticed that whenever it rained water was leaking into the car.
Sofola said he again complained and he was asked to return the car again to Cocharis Awoyaya office, where he was told that the leakage was due to faulty installation of the windscreen.
He said despite spending four days in Cocharis office, the leakage did not stop.
“I had to return the car again to the Awoyaya office sometime in July where the car spent several days.
“Between 2016 when I bought the car and July 2017, I had to return the car for repairs for over 10 times and as a result of the unplanned and excessive distance travelled while going back and forth to the 1st defendant’s office, the car’s odometer had already reached 5,000km.
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“I have since inception been deprived of the optimal enjoyment I expected in a brand new car which I bought with a large sum of money.
“The car has also spent approximately 30 days in the possession of the 1st defendant since it was bought. I have had to find alternative means of transporting myself about, causing me unnecessary financial expenses.
“The manufacturing defects in the car could have been avoided if the defendant had been cautious enough to check and ensure that the parts were intact and the car was fit for its purpose and use before putting it up for sale and eventually selling and delivering same to me,” Sofola said.
In her November 28, 2019 judgment, the magistrate, Osinbajo, held that Cocharis and Jagaur Landrover Limited breached their duty to deliver a fit-for-purpose car to Sofola.
Osinbajo held, “The defendants are ordered to replace the Jaguar XJ 2.0 Sedan automobile with Chassis No. SAJAA12NIFPV79999 and Engine No. 040914054912204PT sold the claimant with a brand new one of the same specifications.”
The magistrate also ordered Cocharis and Jaguar Landrover Limited to pay N1m to Sofola “as general damages resulting from the inconvenience suffered by the claimant as a result of the defective supposedly brand new Jaguar car sold and delivered to the claimant by the defendants.”