Vinz International Nigeria Ltd V. Olakunle Morohundiya (2009)

LawGlobal-Hub Lead Judgment Report

ISA AYO SALAMI, J.C.A.

The plaintiff’s claims per his writ of summons read as follows-

“(i) N21,500.00 cost of the Deskjet 695C Printer,

(ii) N2,000.00 per day from 20/12/99 till the day the printer’s cost is refunded or the printer is replaced by the defendant,

(iii) N250,000.00 general damages for the inconvenience and psychological trauma suffered by the plaintiff.”

The same is repeated in the statement of claim. Pleadings were settled at a statement of claim and amended statement of defence. The matter then proceeded to trial with the plaintiff and the defendant calling one and two witnesses respectively. Learned trial judge took speeches of both parties before delivering her reserved and considered judgment. Learned trial judge concluded the judgment as follows-

“I hold that the one year guarantee signed by Chinyere in her capacity as the Defendant’s sales representative is binding on the Defendant having represented the Defendant in the sale.

It is also the evidence of the Plaintiff that he had to print his letter and other jobs in business center during this period is not out of place or remote. He claims N2,000.00 and I find it to be reasonable.

I find general damages for psychological trauma and inconvenience to be unsubstantiated.

An action for mental suffering cannot lie. And there is nothing before me to prove it.

The court should not be seen as a sympathetic under-taker. In view of all I have said, I hereby give judgment for the plaintiff in prayers (i) and (ii).

The Defendant is to pay the sum of N21,500.00 being the cost of the Deskjet 695C printer purchased from the Defendant and stopped work within six months having obtained one year warranty on same.

OR in the alternative to replace the printer with another one.

The Defendant is ordered to pay N2,000.00 from 20/12/99 until such replacement or payment of the cost of the printer.