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Product Liability
The Niger State High Court, Sitting in Suleja Judicial Division, Nigeria on Wednesday the 30th day of March, 2022 gave a landmark decision in NSHC/SD/38/2020 wherein the Court found in favour of the Plaintiff; Vertex Agro Limited against the Defendnt; RED & C Limited, an acclaimed expert in Epoxy flooring who misrepresented itself as such and failed to exercise the reasonable care expected of it in the execution of a contract for the instgallation of the durable epoxy flooring at the plaintiff's cashew nut factory measuring 140 sqms on a turnkey project on an EPC basis.
The Defendant had advertised on its website that it takes all necessry environmental considerations in the execution of its project but failed to excercise the same in this instant case.
The Court awarded a full indemnification of the monies had and recieved from the plaintiff in the Sum of over N25,200,00.00 (Twenty Five Million Two Hundred Thousand Naira) Only as special damages and N200,000.00 (Two Hundred Thousand Naira) only as exemplary damages for its negligence and misrepresentation.
Our Managing Partner; Micheal Jonathan Numa FPD UK, Esq was lead Counsel who represented the plaintiff in this suit.
#commerciallitigation #productliability #mjn #dutyofcare.
Nigeria’s small business sector, particularly the micro, small, and medium-sized enterprises (MSMEs), plays a critical role in driving the economy. However, in recent years, an increasing number of small businesses have adopted a strict "no refund" policy, leaving customers with little recourse in cases of dissatisfaction.
2024-10-06
This is banker-customer dispute, wherein the Respondent as plaintiff at the trial court took out a Writ of Summons before the Niger State High Court, Coram; Honourable Justice Mariyam Ismaila J. complaining of the negligent conduct of the bank in the handling of his account in an online transaction, which amounted to a breach of it’s duty of care and fiduciary duty.
2022-09-04