ORDER FOR 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

AFFIDAVIT IN SUPPORT OF APPLICANT FOR LEAVE TO SERVE WRIT OF SUMMONS AND OTHER PROCESSES ON THE DEFENDANT BY MEANS OF SUBSTITUTED SERVICE

I, Adebayo Okonkwo, Male, Adult, Christian, Nigerian citizen of B.S.C. Plaza,Wuse Zone 3, Abuja do on oath state as follows:

• I am the Plaintiff in this matter, and by virtue of my position I am very conversant with the facts of this case.
• I instructed Fidelis Imafidon, of counsel, to institute this matter against the defendant.
• The Defendant is a civil servant and that he goes to work as early as 6am, and does not come back until very late at night, at about 9pm.
• Every effort of the bailiff to effect personal service on the Defendant has proved abortive, as the Defendant is not available.
• I was advised by Fidelis Imafidon, of counsel, in chambers, on the 15th day of March, 2015, at about 12 noon of the following facts and I verily believe same to be correct and true:
• The court can grant leave and order for substituted service of the Writ of Summons and all other processes to be served on the Defendant, to wit: by pasting same atthe door post or at conspicuous place/wall of the Defendant's premises at Suite 7, Zone 3 Shopping Complex, Wuse 2, Abuja within the Jurisdiction of the Court.
• Since the Defendant is residing in that premises, the paramount consideration of the Court is that the suit is brought to the notice of the Defendant.
• There is no way that the Defendant would not become aware of the matter if this application is granted.
• It is within the power and jurisdiction of this court to grant this application.
• It is in the interest of justice to grant this application.
• I make this application in good faith, conscientiously believing same to be true and correct and in compliance with the Oath Act.

_____________

DEPONENT

Sworn to at the High Court Registry Abuja