WRITTEN ADDRESS IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION

HOLDEN AT IKEJA

SUIT NO:……………..

MOTION NO_______

BETWEEN

DAYO AKOMOLAFE ............................................ CLAIMANT/APPLICANT

AND

BERKLEE LTD………...…………………………………………. DEFENDANT/RESPONDENT

WRITTEN ADDRESS IN SUPPORT OF MOTION Introduction

My Lord, the application before this Honourable Court is for an order granting Judgment to the Claimant/Applicant for the default of the defendant to file a defence to the originating processes served on it.

Summary of Facts

Issue for Determination

My Lord, the main issue for determination in this case is the question whether or not the Applicant is entitled to default judgment.

Legal Argument

My Lord, it is trite law under the rules of this Honourable Court that a party is entitled to judgment in default of the defence to file its defence or enter appearance. It most however be noted that prompt action from the opposite as to filing an application for extension of time may restrain the court from giving judgment in default. We refer the Court to the paragraphs 2-4 of the affidavit in support of this application, most especially paragraph 4 and we pray the indulgence of the court to grant the prayer of the applicant.

Conclusion

My Lord, we rely on the authority of Faladu v. Kwoi (2003) 9 NWLR (Pt. 826) 640 which asserts the power of the court to grant final judgment in default of