WRITTEN ADDRESS FOR SUMMARY JUDGEMENT

IN THE HIGH COURT OF JUSTICE OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION

HOLDEN AT IKEJA

SUIT NO: CIV/552/2015

MOTION NO_________

BETWEEN

KADA…………………………………………………………………… CLAIMANT/APPLICANT

AND

• PRODUCE BANK PLC
• NIGERIAN DEPOSIT INSURANCE CORPORATION DEFENDANT/ RESPONDENTS

WRITTEN ADDRESS

INTRODUCTION

My Lord, before this honourable court is an application for summary judgement dated…….. day of……….. 2015 and filed on……….. day of…………. 2015. My Lord, the motion is brought pursuant to Order 11 Rules 1 and Order 39 Rule 1 of the High Court Civil Procedure Rules of Lagos State 2004 and the inherent jurisdiction of the court.

• My Lord, the motion is praying this honourable court as follows: Specific performance in respect of the sum of N7,000,000 (Seven Million Naira) being the balance of payment for the supply of the goods to the 1st defendant; and
• General damages of N5,000,000 (Five Million Naira) arising from delay of the defendant to pay the balance.

My Lord, this motion is supported by a 7-paragraphs affidavit deposed to by one Nneka Udo. My Lord, we rely on all the paragraphs of the affidavit particularly paragraphs 3-5.

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 500tons of cashew nut valued for N10,000,000 (Ten Million Naira) to Malaysia and the claimant actually supplied it.

ISSUES FOR DETERMINATION

1. Whether the defendant has no defence to the action.

LEGAL ARGUMENTS

My Lord, it is evidence from the above that the agreement was made to pay the sum of N10,000,000 (Ten Million Naira) to which the sum of N3,000,000 (Three Million Naira) for the commencement of the work and the balance sum of N7,000,000 (Seven Million Naira) has not been paid to the claimant which necessitate this action. It has been established without controversy from the given evidence that the claimant is entitled to the sum of N7,000,000 (Seven Million Naira) unpaid balance.