COUNTER AFFIDAVIT AND WRITTEN ADDRESS AGAINST APPLICATION

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION

HOLDEN AT MAITAMA

SUIT NO:___________

MOTION NO_________

FUNMILAYO LOLA_____________________PLAINTIFF/APPLICANT AND

ESOTERIC INVESTMENT LTD____________DEFENDANT/RESPONDENT

COUNTER AFFIDAVIT TO THE PLAINTIFF'S/APPLICANT'S MOTION ON NOTICE DATED--------DAY OF ------, 2015.

I, OBIANUJU BIOLA, Female, Adult, Christian, Nigerian citizen of Flat 5, Mega Estate, Wuse Zone 4, Abuja do on oath state as follows:

• I am a staff of the Defendant/Respondent in this suit.
• By virtue of my position aforesaid I am conversant with the facts of this case.
• Contrary to the Plaintiff/Applicant's deposition, this matter was filed on the 14 of July, 2012.
• This case has suffered series of adjournment at the instance of the

Plaintiff/Applicant.

• The Plaintiff has been delaying this case, and that this application of the Plaintiff is nothing but another ploy in disguise to further waste the time of this Honorable and prevent the course of justice.
• The Plaintiff did not say how he came in possession of these vital documents he now wants to rely upon and I know as a fact that these purported vital document were never withheld from the Plaintiff, but he decided not to make use of them.
• The said vital documents which the Plaintiff now rely upon has no bearing whatsoever to this present suit, as it only touches on other transaction between the parties in this suit and not on any of the issues before this court.
• The said document the Plaintiff/Applicant is relying on, if allowed to amend his Writ and other originating processes in this matter would not in any way affect the real issues before this court.
• The Defendant/Respondent will suffer great hardship and injustice if this application is granted, because it is a calculated attempt at delaying the cause of justice.
• The Defendant/Respondent has filed all the necessary process that it has to file and has called all it witnesses, save for the last one that is to be cross-examined by the Plaintiff.
• The Defendant/Applicant would be prejudiced if this application is granted.
• I depose to this affidavit in good faith, conscientiously believing same to be true and correct in accordance to the Oath Act currently in force.

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