Monday, 10 June 2013

Publisher sues firm for alleged sale of defective gadget


A LAGOS High Court has been asked to compel SLOT Systems Limited, which sells IT products, to pay a total sum of N15 million to the Publisher/Editor-in-Chief of Africa’s foremost Information and Communications Technology magazine, IT & Telecom Digest, for alleged sale of a defective iPad to the claimant.

In the statement of claim, the Publisher, Mr. Mkpe Abang, averred that he purchased an iPad 2 (64 GB) in the sum of N160, 000 from the Defendant on July 20, 2011 with a 12 months manufacturer’s warranty.
Abang explained that a few months into the use of the device, however, it became unusable, and, relying on the warranty offered with the sale, he returned the iPad to the Defendant on May 28, 2012 due to a malfunctioning of the iPad in failing to recognise SIM cards.
The publisher further claimed the defendant, SLOT Systems, has since May 28, 2011, when the iPad was returned, willfully deprived him (claimant) of the use and enjoyment of the gadget without replacement or appropriate compensation.
He further posited that as publisher of Africa’s ICT magazine and an international journalist, he has so many vital pieces of information relevant to his business which he stored in the said iPad, but which he has been unable to access because the defendant has failed or refused to return the device.
According to the claimant, by a letter dated September 19, 2012, he demanded compensation or replacement of the iPad from the Defendant, but by a letter dated September 25, 2012, the Defendant declined the Claimant’s request, claiming instead that the Defendant damaged the iPad by dropping it on the floor.
Following up on that, the publisher further stated in his statement of claim that by a letter dated October 12, 2012, he (Claimant) refuted the claim of the Defendant that the iPad was malfunctioning as a result of a fall.
Indeed, by a letter dated October 15, 2012 written by the Claimant’s solicitors, which the defendant failed, refused or neglected to reply, the claimant restated his position in the previous letters written to the Defendant.
The Claimant’s solicitors, Usman and Elema (Solicitors) informed the court that the Claimant being a journalist has been put through a lot of hardship and loss in carrying on his business without his iPad due to the willful deprivation of the use of his iPad by the Defendant, and therefore prayed the court among others for a declaration that the iPad sold to the Claimant by the Defendant on July 20, 2011 is defective and not fit for purpose
No date has been fixed for hearing on the matter.

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