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NIGERIAN MOTORS INDUSTRIES LTD v. ELEGANT TWINS SCHOOL OF COSMOTOLOGY & CLINIC (NIG) LTD & DR. (MRS.) E.A. OSHINSANYA

(2021) JELR 109507 (CA)

Court of Appeal  •  CA/L/801/2012  •  23 Sep 2021  •  Nigeria

Coram
Obande Festus Ogbuinya, JCA Onyekachi Aja Otisi, JCA Abubakar Sadiq Umar, JCA

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal was lodged against the judgment of the High Court of Lagos State, sitting in Lagos Division Coram Adefope-Okojie, J., (as he then was) delivered on June 19, 2012, in which the claims of the Respondents against the Appellant were granted.

The complaint of the Respondents before the lower Court can be summarized in this manner: On 16/4/2008, the Respondents purchased a brand new 30KVA Perkins Generator from the Appellant. Upon delivery and installation, four sound proof keys and 2 ignition keys of the generator were found to be faulty. The generator was subsequently found to have other faults. On 23/4/2008, it was installed and commissioned by the Appellant and a technical Report was issued by the Appellant. On 30/6/2008, the Respondents wrote to the Appellant complaining about the non-functioning of the generator. In response, the Appellant prepared a maintenance agreement, assuring the Respondents that the gener…

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