Lawyer Demands N165m from Hyundai Motors for Alleged Sale of Defective Vehicle

A Lagos based Lawyer, Mr. Wale Ogunade, has demanded the sum of N165,595,000.00 from Hyundai Motors Nigeria Limited, as the purchase price and general damages for allegedly selling a defective automobile to his clients, Mr. Ayo Oluwatosin and Starcoms Media Services Limited.

Ogunade, in a letter dated September 19, 2017, written to the Managing Director of Hyundai Motors Nigeria Limited, stated that his clients purchased a Hyundai Grand Santa Fe luxury GLS3.3l, along with four (4) other units of vehicles from the Ikeja outlet of Hyundai, in which the said vehicles were delivered on October 6, 2016.

According to the Lawyer, upon delivery of the said vehicle with Reg No: LND 996 EH, it was put to use between October 21 and 26, 2016, before discovering that it had a brake problem which was indicated on its dashboard.

The letter read in part: “Our client further informed us that it immediately drew the attention of your company to the brake problem of the said vehicle, and of which it was taken to your company’s service centre for repairs on the 27th day of October, 2016.

“Subsequently, the said vehicle, was yet again taken twice by your company for repairs for the same issue and when returned to our client, the situation did not abate.

“Our client further informed us that after a long back and forth, a meeting was held with some representatives of your company on the 18th day of July, 2017, wherein our client expressly informed your representatives, that the only solution to the issue, is a refund of the amount paid for the said vehicle, plus interest and that your company take back the said vehicle as stated in paragraph 3 of our client’s letter to your company dated the 26th day of July, 2017.

“Our client further informed us that, a representative of your company in the person of Mr. Fatai Olatunji Ibrahim, visited our client at its office to pick up the said vehicle, our client was later informed that the purchase price would be refunded, after the sale of the said vehicle.

“Our client has explicitly made it clear to us that, it will not be party to any deal that will further endanger the lives of fellow Nigerians and so, appalled by the fact that your company insists on reselling the said vehicle to a third party, before refunding our client’s money, which is contrary to the agreement reached during the meeting held on the 18th day of July, 2017 with representatives of both your company and our client in attendance”, the letter read in part.

“We view this overall conduct of yours, as not only a breach of contract, by selling a product that is not fit for purpose, but also an attempt to involve our client in an unwholesome act, which is fraudulent”, Ogunade stated.

The Legal Practitioner therefore, requested Hyundai Motors to pay the sum N15,595,000 only being the purchase price of the vehicle; the sum of N50,000,000 only for breach of contract for the said vehicle not being fit for purpose, and another sum N100,000,000 only for general damages, for the inability to put the car to use for which it was purchased.

Following refusal of Hyundai Motors to accept responsibility, Starcom Media opted for legal action. In suit LSW/11-16/130/ W1 filed before Lagos MultiDoor Courthouse, the company prayed for a total refund of the purchase money.

Hyundai Motors, however, denied culpability having according to it conducted extensive pre-delivery on every component part of the vehicle, and that all were found to be in perfect condition before handing the said vehicle over to the customer.