AFFIDAVIT IN SUPPORT OF APPLICATION TO SET ASIDE DEFAULT JUDGEMENT

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION

HOLDEN AT IKEJA

SUIT NO:…………………………..

MOTION NO____________

BETWEEN

DAYO AKOMOLAFE………………………………………………………… CLAIMANT/RESPONDENT AND

BERKLEE LTD………………………………………………………………. DEFENDANT/APPLICANT

AFFIDAVIT IN SUPPORT

I, Funmi Lawal, male, Christian, Engineer, Nigerian citizen of No. 212 Masculino Avenue, Lagos do hereby make oath and state as follows:

• I am an employee of the defendant company herein by which of which I became conversant with the facts deposed to hereunder
• I have the authority if the management to depose to this affidavit
• The processes of the claimant was served on the defendant company.
• The services of a legal practitioner was engaged to defend this suit.
• Instead of filing a defence in this suit the legal practitioner, Sadiq Umar Esq., left for summer holiday to the carribbean islands.
• It was on the 15th day of March, when the claimant served the company with a copy of a judgement regarding this matter, that the company realized that judgement has been awarded against it.
• The company quickly engaged the services of another legal practitioner and engaged Idris Yakubu Esq. after paying his prescribed professional fees. Attached and marked exhibit "D" is a copy of receipt for payment of professional fees.
• We have a good defence to the claim of the claimant attached and marked Exhibit "E" is a copy of our statement of defence
• I depose to this affidavit in good faith believing the content to be true