AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE FOR STRIKING OUT

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO…………..

MOTION NO______

CHIEF OBARIBIRIN ………………………………….. CLAIMANT/RESPONDENT

AND

MRS AKIN RINADE …………………………………… DEFENDANT/APPLICANT

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE

I, Emeka Nwosu, female, Christian, Nigerian citizen, businesswoman of No. 65, Agric Oke-Aro, Ikorodu, Lagos, do hereby make oath and state as follows:

• I am the Defendant/Applicant in the Suit herein
• I have since been served with the Originating Processes in the proceedings herein.
• I have reacted to the said processes by filing my statement of defence together with all other relevant documents, all of which have been served on the Claimant/Applicant.
• This matter came up for hearing on the 3/1/2015 and neither the Claimant nor his counsel was in court.
• The matter was adjourned to the 10/1/2015 to enable the claimant file a reply to our statement of defence or apply for a case management conference, both claimant and his counsel were absent from court proceedings.
• On the next adjourned date, the claimant asked for an adjournment which was not opposed, to enable the claimant regularize their position.
• The Claimant absented himself from proceeding on the next adjourned date (27/1/2015).
• Whereupon, I instructed my Lawyer to file the present application due to the indolence of the Claimant in prosecuting his case.
• There is no need to continue to congest the list of this Honourable Court with cases such that of the Claimant who does not have the slightest interest in proceeding with his case.
• I make this affidavit in good faith believing the contents to be true and correct and in accordance with the Oaths Act.

………………………………….

DEPONENT

Sworn to at the High Court Registry, Lagos This ______day of__________ March 2015.

Before me

………………………………………………. COMMISSIONER FOR OATH Sample of Written Address in Support of Motion for Striking Out A Suit

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS