WRITTEN ADDRESS IN SUPPORT OF APPLICATION TO SET ASIDE DEFAULT JUDGEMENT

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION

HOLDEN AT IKEJA

SUIT NO:………….………..

MOTION NO____________ BETWEEN

DAYO AKOMOLAFE…………………………………….. CLAIMANT/RESPONDENT AND

BERKLEE LTD…………………………………………… DEFENDANT/APPLICANT

WRITTEN ADDRESS

Introduction

This is a motion on Notice pursuant to Order 10 Rule 11 of the rules of this Honourable Court. The applicant is seeking for an order of the Court to set aside a default judgment made against the applicant. The application is supported by Nine (9) paragraph affidavit sworn to by an employee of the defendant. We seek to place reliance on the said affidavit especially paragraphs 2-8

Brief Statement of Fact

This Honourable Court pursuant to an application by the claimant entered a judgment in default of defence against the defendant. This present application is therefore a reaction by the defendant to set aside the said judgment on the grounds that the defendant has a good defence to the action and intends to defend the suit on the merit.

Issue for Determination

The issue here for determination is whether the defendant/applicant is entitled to have the judgment in default of defence against him set aside.

Legal Argument

For the defendant/applicant to succeed in this application, he must satisfy the court as to the following:

• He did not delay in bringing the application
• He has cogent reasons for defaulting
• He has a good defence to the suit

It is submitted that the applicant brought the application timeously. I refer the Court to paragraph 6, 7, and 8 of the affidavit in support.

Paragraphs 5 and 8 of the affidavit in support also shows that the applicant has a good reason for default and also has a good defence too the suit. We refer to the statement of defence attached therein.

It is submitted that the defendant/applicant has satisfied the requirement for setting aside the default judgment made against him. It is further submitted that this Honourable Court is not "functus officio" with regard to proceedings herein as the court has the power to set aside its judgment.