AFFIDAVIT IN SUPPORT OF THE MOTION ON NOTICE

IN THE FEDERAL HIGH COURT
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO. FHC/L/CS/75/2012
BETWEEN

OCEANIC HOMES SAVINGS & LOANS LTD        …………      RESPONDENT

AND

SURU WORLDWIDE VENTURES NIG. LTD          …………    APPLICANT


MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 7 RULE 1(1)(3) AND ORDER 48 RULE 4 OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES 2009 AND UNDER THE INHERENT JURISDICTION OF THE HONOURABLE COURT.

TAKE NOTICE that this Honourable Court will be moved on …………….. day of …………. 2012 at the Hour of 9 ‘O’ clock in the forenoon or so soon thereafter as Counsel may be heard on behalf of the Applicant for:

1.    AN ORDER of this Honourable Court extending time within which the Applicant may file and serve its Memorandum of Appearance and his Counter Affidavit filed on 2nd July, 2012 and 10th September, 2012 respectively.

2.    AN ORDER of the Honourable Court deeming as properly filed and served the aforesaid processes.

AND for such further order as this Honourable Court may deem fit to make in the circumstance of the suit.


Dated ………………….. day of ………………..……. 2012


                                                                                                            
BETWEEN

OCEANIC HOMES SAVINGS & LOANS LTD        …………    RESPONDENT

AND

SURU WORLDWIDE VENTURES NIG. LTD          …………    APPLICANT



AFFIDAVIT IN SUPPORT OF THE MOTION ON NOTICE

I, Anthony Aregbe, Male, Christian, Legal Practitioner of 1A, Gbemi Oluwa Close, off Sule Abuka Crescent, Opebi, Ikeja Lagos State do hereby make oath and state as follows:

1.    I am a Legal Practitioner in the Law firm of Messrs  (SAN) & Co., Counsel to the Applicant in this matter, and by virtue of my position I am conversant with the facts of the case.

2.    That I have the consent and authority of the Applicant and that of my employer to depose to this affidavit.

3.    That the Respondent served on the Applicant, its Originating Application dated 1st February, 2012 on 2nd February, 2012.

4.    That upon service of this Originating Application, the Applicant instructed its Counsel – Messrs Layi Babatunde (SAN) & Co., to respond to same.

5.    That in prosecuting the Applicant’s assignment and in a bid to bring up a defence to the Respondent’s Originating Application, the Applicant’s Lead Counsel was constrained to review the bundle of documents made available to him by the Applicant and which documents are relevant to the transactions subject matter of this suit.

6.    That the said review requires time to undertake to enable Counsel bring up a credible Defence.

7.    That upon completion, the Applicant filed his Memorandum of Conditional Appearance and Counter Affidavit on 02/07/12 and 10/09/12 respectively, albeit out of time. Attached as EXHIBIT LB1 are copies of the aforesaid processes.

8.    That the Applicant has paid the default fees for the late filling of the said Memorandum of Appearance and Counter Affidavit. Attached as EXHIBIT LB2 is the copy of the Revenue Receipt

9.    That having filed out of time, the leave of the Honourable Court is required to regularize the Applicant’s processes in this matter.

10.    That the delay occasioned in filing the Applicant’s processes is not out of disrespect to this Honourable Court but for reason averred in paragraphs 5 and 6 above.

11.    That it will serve the interest of justice if this Application is granted as same will not prejudice the Respondent in any way.

12.    That I depose to this Affidavit in good faith.



…..…………………………
                                                                                                                                  DEPONENT

SWORN to at the Federal
High Court Registry, Ikoyi, this
……….day of……………………….2012.



BEFORE ME


   
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