Two Nigerian companies, Media Seal Limited (formerly Starcom Media Services Limited) and Bytesize Limited, as well as Mr. Ayo Oluwatosin, have dragged Hyundai Motors Nigeria Limited before a Lagos High Court sitting in Ikeja, over allegation of sale of defective automobile.
They are praying the court for an order compelling the automobile company to pay them a total of One Hundred and Sixty-Five Million, Five Hundred and Ninety-Five Naira (165, 595) only as refund of the purchase sum, breach of contract as well as general damages.
The claimants in their Writ of Summons denominated as ID/ADR/629/2017, are seeking a number of reliefs including a declaration that an Hyundai Grand Santa Fe GLS 3.3L AT Arabian Mocha/Black with Chassis number: KMHSN81EDFU097184 and Engine No: G6DFEA34538 sold to the claimants by Hyundai Motors is not fit for the purpose for which it was bought.
They are also praying the court for an order that Hyundai Motors refunds the sum of Fifteen Million Five Hundred and Ninety-Five Thousand Naira (15, 595, 000. 00) only being the amount paid for the said car.
The claimants are also praying for an order that they be paid Fifty Million Naira (50,000,000.00) only for breach of contract, and another One Hundred Million Naira (100,000,000.00) only as general damages.
The claimants is also seeking an order compelling the defendant to pay 15% interest to them from the day the suit was filed till judgement was given, as well as another 25% interest to them from the day judgement was given till judgement sum is liquidated.
In their statement of claim dated 9th November, 2017 signed by their counsel, Wale Ogunade the claimants averred that they purchased four (4) units of vehicles from Hyundai on the 1st June, 2016, as well as the car in question on 5th October, 2016.
The claimants further averred that the said cars were delivered to them on the 6th October and 2nd June, 2016, respectively.
They further stated that when the Grand Santa Fe GLS 3.3L was put to use between the 21st October and 26th October, 2016, it was discovered that the said vehicle had a brake problem, a development that was promptly brought to the attention of Hyundai Motors.
The claimants further averred that they received an internal correspondence from the automobile company through electronic mail on 26th, 27th, and 28th wherein Hyundai Motors reportedly urged some of its staff members that the repairs of the said vehicle be hastened to avoid suspicion by the claimants.
While pointing out that the parties reached an agreement on 23rd March, 2017, following the intervention of Lagos Multi-Door Courthouse, the claimants averred that it has come to their notice that Hyundai Motors has been in the news for defects in some of its vehicles of which some have been recalled by Hyundai Motors parent company.
In the written statement/deposition on oath of Mr. Oluwatosin, he stated that at a meeting held at Bonojo Badejo & Co office, Hyundai Motors demanded a fresh Four Million Naira (4,000,000.00) only for the replacement of the alleged defective car.
Hyundai Motors, however denied culpability in the transaction having according to it conducted extensive pre-delivery on every component parts of the vehicles and that all were found to be in perfect condition before handing the said vehicle over to the customers.