UNDEFENDED LIST (2)

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO:………………….

MOTION NO.............

BETWEEN

KAYUBA OGE PLAINTIFF/APPLICANT

AND

QUEEN TOWERS LTD. DEFENDANT/RESPONDENT

WRITTEN ADDRESS IN SUPPORT OF MOTION EX-PARTE UNDER THE

UNDEFENDED LIST

INTRODUCTION

My Lord, before this honourable court is an application for leave to place this suit under the Undefended List. The motion is dated _____day of_______ 2015 and filed on______ day of______ 2015. My Lord, the motion is brought pursuant to Order 21 Rules 1 of the High Court (Civil Procedure) Rules of Federal Capital Territory, 2004 and under the inherent jurisdiction of the court.

My Lord, this motion is supported by a 7-paragraph affidavit deposed to by one Zainab Musa. My Lord, we rely on all the paragraphs of the affidavit particularly paragraphs 3-6.

STATEMENT OF FACT

The case arose as a result of the refusal of the defendant to pay the claimant the agreed sum which was properly reflected in the contract agreement which they entered into n March 2000 as to the supply of 500 tons of cashew nut valued for N10,000,000 (Ten Million Naira) to Malaysia and the claimant actually supplied it. Sequel to the supply of the goods (cashew nut), the cashew nuts were subjected to rigorous test by a consultant food technologist, who certified the product that they are of international standard and quality. The defendant only paid the claimant N3,000,000 (Three Million Naira) for the commencement of the…

ISSUE(S) FOR DETERMINATION

The sole issue for determination is: Whether the defendant has no defence to this suit.

LEGAL ARGUMENTS

My Lord, it is the believe of the Plaintiff/Applicant that the Defendant has no defence to the action. We shall be relying on the authority of the Supreme Court as held in Iron Products Ltd. v. SAC (1992) 4 NWLR (PT. 238) 734..

CONCLUSION

In conclusion, based on the detail argument canvassed in favour of the Plaintiff/Applicant above and the facts contained in the pleadings coupled with unequivocal pieces of evidence, we urge the court to grant the application and the claims of the Plaintiff/Applicant as follows: