AN APPLICATION TO SET ASIDE A DEFAULT JUDGMENT

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

MOTION ON NOTICE

BROUGHT PURSUANT TO ORDER 10 RULE 11 OF THE HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES, 2012 AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT.

TAKE NOTICE that this Honourable Court may be moved on the………. day of……..2015 at the hour of 9 O'clock in the forenoon or so soon thereafter as Counsel to the Applicant may be heard praying the Court for the following order:

• AN ORDER OF THIS HONOURABLE COURT SETTING ASIDE THE JUDGMENT ENTERED ON BEHALF OF THE CLAIMANT IN DEFAULT OF APPEARANCE OF THE DEFENDANT ON THE DAY OF 2015.
• AND FOR SUCH FURTHER ORDER OR ORDERS AS THIS HONOURABLE COURT MAY DEEM FIT TO MAKE IN THE CIRCUMSTANCES.

The grounds upon which the application is brought are hereunder stated as follows:

• On the 25th day of January 2015, this Honourable Court entered a judgment against the Defendant in this suit
• The writ of summons and other court's processes were not served on the Defendant as required by the law.
• The Defendant/Applicant has its principal office at Plot 700, Victoria Island, Lagos.
• The Claimant/Respondent did not seek and obtain the leave of this Honourable Court either for the service of the court processes on the Defendant outside Lagos State or for substituted service before the commencement of this suit.
• That the Claimant failed to obtain the leave of the court before the alleged service of the court processes on the Applicant at its Lagos Zonal Office.
• Service of the court processes on the Defendant via its Zonal Office at Lagos was not carried out.
• The issuance and service of the writ of summons outside Lagos State was incompetent.
• The Claimant did not serve the writ of summons and all other court processes on the Defendant.

Dated this 19th day of March 2015.

A.O Okonkwo Esq