WRITTEN ADDRESS IN SUPPORT OF COUNTER AFFIDAVIT

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION

HOLDEN AT MAITAMA SUIT NO:

MOTION NO………………

FUNMILAYO LOLA____________________________________PLAINTIFF/APPLICANT AND

ESOTERIC INVESTMENT LTD________________________DEFENDANT/RESPONDENT

WRITTEN ADDRESS IN SUPPORT OF COUNTER AFFIDAVIT Introduction:

On _____ day of __________, 2015, the Plaintiff/Applicant filed a motion before this Honorable Court seeking an order for them to bring additional evidence in the prosecution of their case. The said motion was brought pursuant to Order 24, Rules 1, 2 and 3 of the High Court of the F.C.T., Abuja (Civil Procedure) Rules 2004. In response to this, the Defendant/Respondent has filed a counter affidavit, deposed to by one Obianuju Biola, a staff of the Defendant.

Issue for determination:

The sole issue formulated by the Defendant/Respondent for determination is as follows: HAS THE PLAINTIFF/APPLICANT PLACED BEFORE THIS COURT SUFFICIENT EVIDENCE TO ENABLE THE COURT GRANT THE ORDER SOUGHT?

Legal Argument

The above issue for determination raised is answered in the negative. At this junction, suffice to note that rule 1 of that order 24 relied upon by the Plaintiff/Applicant is not applicable to this present case because it deals with a situation where the Court suo moto raises the issue of amendment, as opposed to this case where it is raised by the Plaintiff. Order 24, rules 2 which is the principal provision on amendment of processes laid the condition that before the court can grant and order for amendment, the amendment must be for the purpose of enabling the court to determine the real question before the honorable court. In our supporting affidavit, it was deposed that these documents necessitating the amendment of the writ and other processes filed is not in any way going to affect the real issues for determination before this court, hence the application for amendment should be denied in its entirety.

Conclusion:

We urge this Honorable Court to discountenance the application for amendment in its entirety because same does not disclose or affect the real issue before this court.