WRITTEN ADDRESS IN SUPPORT OF APPLICATION FOR LEAVE FOR REPRESENTATIVE SUIT

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO……………

MOTION NO_______

BETWEEN

• OLA Balogun
• FOLU Balogun ……………………………. CLAIMANTS/APPLICANTS
• Craig Balogun

AND

JOHN JOSEPH……………………………………… DEFENDANT/RESPONDENT

WRITTEN ADDRESS INTRODUCTION:

By this Application, the Applicant seeks the leave of this Honourable Court to prosecute this matter in a representative capacity. The Application is supported by an affidavit of 9 paragraphs deposed to by the 1st Applicant. We rely on all paragraphs of the affidavit especially paragraphs 3-8

ISSUE FOR DETERMINATION:

The major issue for determination is whether the Applicant has made out a case for leave to be granted him to sue in a representative capacity.

LEGAL ARGUMENT:

It is submitted that the Applicant that has made out a case for leave to be granted him to prosecute this matter as a claimant in a representative capacity.

We refer the Court to paragraphs 4, 5, 6, & 7 of the affidavit in support and Exhibit "A" attached and submit on behalf of the Applicant that the paragraphs stated above amount to sufficient proof that the Applicant has obtained the authority and consent of the members of the family to commence the present action.

It is further submitted that the Honourable Court has the jurisdiction to grant the relief sought by the Applicant. The Applicant relies on the following authorities:

Sanmi Akande v. Sanusi Araoye (1968) NMLR 283

Ogushi v. Nweke Egbuchi (19970-71) 1 E.C.S.LR CONCLUSION:

This Honourable Court is therefore urged to grant the application of the Claimant/Applicant.

Dated this……………….. day of…………………………. 2015.

……………………………………

Abraham O.A [sq

COUNSEL. TO LAINTIFF/APPLICANT 5b Dawaki Extension, Abuja.

LIST OF AUTHORITIES:

• Sanmi Akande v. Sanusi Araoye (1968) NMLR 283
• Ogushi v. Nweke Egbuchi (19970-71) 1 E. C. S. L. R

COMMENCEMENT OF ACTION IN MAGISTRATE/DISTRICT COURT