The High Court of the Federal Capital Territory in Kuje has ordered M. Saleh & Co. Ltd to refund N3.95 million and pay N10 million in damages to Mr. Celestine Unini for breach of contract. Justice Chinyere Nwecheonwu ruled that the damages were for supplying Unini with a faulty and dysfunctional generator.
Unini, a businessman operating a provisions store in Wuse Zone 6, Abuja, had purchased a brand new 22.5 KVA Perkins soundproof generator from M. Saleh & Co. Ltd in December 2021 for N3.95 million. The generator was intended to serve as an alternative power source for his store and to keep perishable goods fresh during power outages. However, shortly after installation, the generator began to malfunction and failed to power on when needed.
Despite multiple repair attempts by the defendant’s technicians between December 2021 and March 2022, the generator remained dysfunctional. Frustrated by the situation, Unini, through his lawyer Ikogwe Ikechukwu Eugene, demanded a replacement or a refund in May 2022. When the company failed to comply, Unini filed a lawsuit.
READ ALSO
Kano Court Orders Ganduje’s Bribery Trial to Proceed in His Absence
Court Hears Testimony on Emefiele’s Alleged Misuse of Funds
M. Saleh & Co. claimed the generator's failure was due to a lack of diesel and the use of adulterated diesel but failed to provide credible evidence. Justice Nwecheonwu found that Unini had proved his case, demonstrating that the company supplied a faulty generator, constituting a breach of contract. The court ordered M. Saleh & Co. to refund the purchase price and awarded N10 million in general damages to Unini for the financial losses and inconveniences he suffered.
This judgment provides Unini with relief and compensation and serves as a reminder that consumers have legal recourse against companies that fail to deliver on their promises or sell substandard products. It reaffirms the court's role in protecting those wronged by unjust practices.
