DEFENDANT BY MEANS OF SUBSTITUTED SERVICE

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO: CV/167/15

MOTION NO:________

BETWEEN

BENJAMIN AWUZIE PLAINTIFFS/APPLICANT

AND

MARTINS JOSEPH DEFENDANT/RESPONDENT

WRITTEN ADDRESS IN SUPPORT OF MOTION EX-PARTE

INTRODUCTION:

1. Before my Lord is motion ex parte to serve the Writ of Summons and other originating processes in the present suit on the Defendant by substituted means to wit: by pasting sameon the door post or at conspicuous place/wall of the Defendant's premises at Suite 2A, Zone 3 Shopping Complex, Wuse, Abuja. The motion is brought pursuant to section 6(6)(b) of the 1999 Constitution and in compliance with the provisions of Orders 7 Rule 2(1), 11 Rules 5(1)(D) And (2) and 46 Rule 1 of the High Court of the FCT (Civil Procedure Rules)2004 and under the inherent jurisdiction of this Hon. Court. The motion is supported by 6 paragraph affidavit deposed to by Adebayo Okonkwo, the the Plaintiff in this matter.

ISSUE FOR DETERMINATION:

The sole issue for determination formulated by the Plaintiff/Applicant is as follows:

WHETHER OR NOT THE PLAINTIFF/APPLICANT IS ENTITLED TO THE RELIEFS SOUGH

LEGAL ARGUMENT:

There is no doubt that the reliefs sought are one provided and contemplated by the rules of this Honourable Court. The Orders upon which the application is brought empowers the court to grant the reliefs sought.

We rely on the celebrated case of Mark v. Eke (2004) 5 NWLR (Pt.865) Pg. 54, at Paras. E-G. We also rely on the case of Kida v. Ogunmola (2006) 13 NWLR (Pt. 947) Pg. 377 SC., Ratio 5.

CONCLUSION

Thus we urge my Lord to grant our application for leave to serve originating processes on the 1st Defendant by pasting.

Dated this …….. day of ……………., 2015.

_______________________

FIDELIS IMAFIDON ESQ.

Okonkwo & Co

Counsel to the Plaintiffs

B12 Jeje Plaza, Zone 3, Wuse 3, Abuja.

LIST OF AUTHORITIES

• Mark v. Eke (2004) 5 NWLR (Pt.865) Pg. 54, at Paras. E-G.
• Kida v. Ogunmola (2006) 13 NWLR (Pt. 947) Pg. 377 SC., Ratio 5.