IN THE HIGH COURT OF LAGOS STATE

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO...... 2020.

MOTION NO:................

BETWEEN

ABC LTD...............CLAIMANT/APPLICANT

AND

XYZ NIGERIA LIMITED...............DEFENDANT/RESPONDENT

MOTION ON NOTICE

BROUGHT PURSUANT TO ORDER xx RULE xx HIGH COURT OF LAGOS (CIVIL PROCEDURE) RULES, SECTION xxx LAGOS STATE HIGH COURT LAW AND UNDER THE INHERENT JURISDICTION OF THE COURT

TAKE NOTICE that this honourable Court shall be moved on the___day of_____2015 at the Hour of 9 O'clock in the forenoon or so soon hereafter as Counsel to the Claimant/Applicant may be heard praying the court for
the following RELIEFS:
1. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the Defendant/Respondent from converting the 20 vehicles to their sole use, pending the determination of the substantive suit.
2. AN ORDER OF INTERLOCUTORY INJUNCTION retraining the Defendant/Respondent from interfering with the proceeds of the contract between the Claimant/Applicant and Defendant/Respondent pending the determination of the substantive suit.
3. AND FOR SUCH FURTHER ORDER OR ORDERS as the honourable court may deem fit to make in the circumstances.

Dated this ____day of 2020.

Ade Nnamdi Esq.

DEFENDANT/APPLICANT'S SOLICITOR

ABC & CO., No. 1 xxxxxx,

Victoria Island-Lagos.

FOR SERVICE ON:

1.) Amaka Bukola Esq

CLAIMANT/RESPONDENT'S SOLICITOR

XYZ ASSOCIATES

No2, xxxxxx, Ikoyi, Lagos.

Affidavit in Support of Motion

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO...... 2020.

MOTION NO:................

BETWEEN

MR ABC...............CLAIMANT/APPLICANT

AND

XYZ NIGERIA LIMITED...............DEFENDANT/RESPONDENT

AFFIDAVIT IN SUPPORT OF MOTION

I, Ade Emeka, Adult, Male and a Nigerian Citizen of No 1, xxxxxxx, Lagos do make oath and state as follows:

1. I am the Managing Director to the Claimant/Applicant in this suit.
2. By virtue of my position, I am conversant with the fact and circumstances of the suit and other related facts,
3. That I have the authority of the Claimant/Applicant to depose to this affidavit.
4. A contract was made between the Claimant/Applicant and Defendant/Respondent which contract was evidenced in writing dated day of 2017. The agreement is hereby attached as EXHIBIT h1.
5. Twenty (20) vehicles were purchased only for the purpose of implementing the contract and the 20(twenty) vehicles are packed at the Defendant/Respondent's premises.
6. The sum of N2.17 Million accrued as the proceeds of the contract on the _____day of______ 2018 the receipt which the Claimant/Applicant acknowledged. The receipt is hereby attached as EXHIBIT h2.
7. The Defendant converted the 20 (twenty) buses to its sole use and for other purposes different from the terms of the contract.
8. I believe that irreparable damage or injury will be caused to the Claimant/Applicant if the application is not granted.
11. The Claimant/Applicant undertakes to pay all damages caused to the Defendant/Respondent if this application ought not to have been granted.
12. I swear to this affidavit in good faith believing same to be