WRITTEN ADDRESS IN SUPPORT OF MOTION EX-PARTE

IN THE HIGH COURT OF JUSTICE OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO: LAG/065/2015

MOTION NO_________

BETWEEN

MRS TILO VERONICA CLAIMANT

AND

ENTREPRENEURIAL BANK PLC DEFENDANT/APPLICANT

AND

FIRST INSURANCE PLC PARTY SOUGHT TO BE JOINED

WRITTEN ADDRESS IN SUPPORT OF MOTION EX-PARTE

INTRODUCTION

Vide a writ of summons, the Claimant instituted this suit against the Defendant / Applicant, amongst other things, claiming the refund the sum of Five Million Naira (N5, 000, 000.00) only, being the total amount for Five Hundred bags of rice and it delivery. Upon service of the originating process, the Defendant entered appearance immediately after consultation and extensive legal advice. There is no doubt that the application of the Defendant / Applicant is not alien to our laws, as it is adequately provided for.

ISSUE FOR DETERMINATION:

The sole issue raised for determination is as follows:

Whether has the defendant / applicant satisfied the conditions of the law for a third party notice to be issued to First Insurance Plc.

LEGAL ARGUMENT:

It is submitted that the above issue is answered in the affirmative. The provisions of Order 13 Rule 19 and Order 39 Rule 1, High Court Rules of Lagos State applicable to this court is clear and unambiguous as to the conditions that must be satisfied before an application as this can be granted. In paragraphs 5, 6 and 7 of the affidavit in support of the motion exparte, the Defendant / Applicant has set out compellable reasons why this application should be exercised in his favour.

We rely on the Supreme Court's decision in the case of Ajufo v. Ajarbor&Ors (1978) 1 LRN p. 295.

CONCLUSION:

This Honourable Court is urged to grant this application because it is within its inherent powers to so do, and because it is one contemplated and envisaged by the rules of this court. We are much obliged.

Dated this _____ day of _____________, 2015.

__________________________ OlatayoAdewale Esq.