POS Dispense Error: Felix Ashimole Sues Shema Petroleum LTD Demands ₦5, 513,300

Felix Ashimole, Esq has through his lawyer, Sherifdeen Bello, Esq., approached a Kubwa Magistrate court, holden in Dutse, to demand the following against Shema Petroleum Limited.

Ashimole, Esq alleged in an affidavit that he was debited and the filling station refused to dispense fuel to him or refund him the amount debited.

Felix Ashimole, Esq., the claimant.

His prayers;
An Order of this court against the Defendant to pay the sum of ₦13,300 (Thirteen Thousand and Three Hundred Naira only) to the Claimant.
ii. An Order of this court against the Defendant to pay the sum of ₦100,000 (one hundred thousand naira) as special damage for the sum spent going to and fro within the First Bank, Wuse Zone 2 branch and the filing station, Katampe, Kubwa Express Road.
iii. An Order of this court against the Defendant to pay the ₦5,000,000 (five million naira) as general damages.
iv. A sum of ₦400,000(four hundred thousand naira) as professional fee.
According to the affidavit in support of the claim, Mr. Ashimole alleged that:
On the 11th day of August, 2023, the Claimant bought fuel worth ₦13,300 (Thirteen Thousand and Three Hundred Naira only) from the Defendant using his First bank ATM card into a POS machine of Taj Bank provided by the Defendant.
The response of the POS machine was “DECLINED” when the Claimant’s first Bank ATM card was being processed by the POS machine provided by the Defendant, though debit alert was received by the Claimant.
The Claimant thereafter went to the Defendant through one Mr. Ibrahim Sani who was introduced as the Manager, based on the information received from his bank, First Bank, to refund him, but he was faced with abandonment.Thereafter, the Claimant wrote a letter of demand titled Final Demand for The Refund of ₦13,300 to the Defendant dated 25th August, 2023.

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