Customer sues Safaricom over 'defective' phone

People interact with the Samsung Galaxy S IV, March 14, 2013 in New York City. Mobile service provider Safaricom has been sued for selling an alleged defective cellphone to a customer.

Mobile service provider Safaricom has been sued for selling an alleged defective cellphone to a customer.

Ms Juddy Wanjiku Munene, who says she bought a Samsung Galaxy S4 from Safaricom Limited, now wants the company to refund her Sh64,999.

She is also seeking a replacement of the phone besides damages for losses suffered.

Ms Munene says in a case filed at the Milimani Law Courts Commercial Division that the phone she bought from the company developed problems after a few days.

“I noticed that the phone had a problem of losing network coverage and overheat,” says Ms Munene in her pleadings through her lawyer Kinyanjui Njuguna.

She states that she has returned the gadget for repairs but “it still has problems”.

Ms Munene says that the defendant Safaricom has breached the warranty and conditions of use of the mobile phone.

She says the company has failed to repair the phone and consequently she has lost a lot of business.

She states that she has been frustrated by the company by being kept out of business as she entirely relies on the phone to transact her businesses.

“The company has failed to replace the phone,” Ms Munene states in her suit papers lodged at the commercial division of the High Court.

Ms Munene says that the company is bound by the contract it entered with her and “therefore it is liable to court action.”

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