SENIOR Advocate of Nigeria (SAN) Olusina Sofola says the dismissal of an appeal for a stay of execution by a Lagos State High Court delivered sometime in February has not been honoured by Coscharis Motors.
In a phone conversation with The ICIR, Sofola explained that the carmaker was yet to replace his faulty Jaguar Land Rover as instructed by the court.
He said the court had refused to grant an appeal by Coscharis Motors to stay execution of the judgement given by a lower court pending the determination of an appeal on the said judgement.
“The High Court refused that prayer, that even if they want to appeal, they should still comply with the other judgement by releasing the new car to me,” he said.
In a phone conversation with The ICIR, the Spokesperson for the Coscharis group Abiona Babarinde, said the verdict passed by the magistrate was still being contested in court.
He, however, declined speaking extensively on the issue, as it was still being decided upon by the court.
“I’m not competent to speak about a case that is still in court,” he said.
According to a report, Olusina Sofola had, in 2019, dragged Coscharis Motors Ltd to a magistrate court in Lagos over a faulty Jaguar Land Rover valued at over N24million.
Sofola had described the car as a black 2015 model Jaguar XJ 2.0 Sedan, noting that the purchase had come with a three-year warranty which stipulated that he would enjoy the car without issues.
The SAN stated that the warranty pack, included as part of the car maintenance package, had been removed upon delivery of the car, and the car began to show signs of developing a fault within a few weeks.
Coscharis had disagreed with some of the claims, stating that the car was delivered in perfect condition.
They stated that the warranty terms only covered certain problems that the car may have during the warranty period.
The carmaker maintained that Sofola was not entitled to a replacement of the Jaguar Sedan as there was no such provision in the warranty.
However, the Igbosere Magistrate’s Court passed judgment in favour of the SAN, ordering Coscharis and Jaguar to replace the faulty car with a brand new one.
Coscharis Motors had filed for an appeal on the judgement and another appeal for a stay on the execution of the judgement, but the latter was dismissed by a high court in Lagos State earlier this year.
Ijeoma Opara is a journalist with The ICIR. Reach her via vopara@icirnigeria.org or @ije_le on Twitter.