MOTION EX-PARTE FOR GARNISHEE ORDER NISI WITH AFFIDAVIT IN SUPPORT

IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA

SUIT NO: ….

BETWEEN:

CROWN KITCHEN LIMITED ………… CLAIMANT/JUDGMENT
CREDITOR/APPLICANT

AND

K & T LIMITED ……………………………………… DEFENDANT/JUDGMENT
DEBTOR

AND

FIRST BANK OF NIGERIA PLC ………………………. GARNISHEE

MOTION EX PARTE
BROUGHT PURSUANT TO SECTION 86 OF THE SHERIFF AND CIVIL PROCESS ACT 2004 AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT

TAKE NOTICE that this Honourable Court will be moved on the …. Day of ……. 2012 at the Hour of 9 O ‘clock in the forenoon or soon thereafter as Counsel on behalf of the Applicant can be heard praying this Court for the following Orders:

  1. AN INTERIM ORDER of Court attaching the debt due to or money accruing from Account no. 30405060 to the sum of N10,100,000.00 (ten million, one hundred thousand naira) belonging to the Judgment Debtor with the First Bank Plc Oba Akran Ikeja Branch Lagos.
  2. AN FOR SUCH ORDERS as this Court may deem fit to make in the circumstances.


DATED THIS …………… DAY OF ……………………………. 2012


_______________
NjokuMallam, Esq.
Counsel to the Claimant/ Judgment Creditor
Applicant
Whose address is:
10 Kent Street Area
Abuja

AFFIDAVIT IN SUPPORT

IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA

SUIT NO: ….

BETWEEN:

CROWN KITCHEN LIMITED ………… CLAIMANT/JUDGMENT
CREDITOR/APPLICANT

AND

K & T LIMITED ……………………………………… DEFENDANT/JUDGMENT
DEBTOR

AND

FIRST BANK OF NIGERIA PLC ………………………. GARNISHEE

AFFIDAVIT IN SUPPORT OF THE APPLICATION FOR GARNISHEE ORDER

I, Kate Maxwell, Male, Adult, Director, Nigerian citizen of No. 30 Kent Road Ikoyi Lagos, do make oath and state as follows:

  1. That I am a Director with the judgment Creditor/Applicant and by virtue of which I am conversant with the facts deposed to in this affidavit.
  2. I have the consent and approval of my employer to depose to this affidavit
  3. I know as a fact that on the 20 January 2011 the Applicant obtained judgment in the High Court of Lagos State in the Lagos Judicial Division against the Defendant/ Judgment Debtor for the payment of the sum of N20,000,000.00 (twenty million naira) as debt owed by the defendant and N20,000 as cost.
  4. I know as a fact that the said judgment is still wholly unsatisfied.
  5. I know that the Garnishee at its Oba Akran Ikeja Branch is indebted to the judgment debtor in the sum of N30 million in Account No.: 30405060.
  6. It is in the interest of justice to grant this application.
  7. I make this statement in good faith believing its content to be true and correct in accordance with the Oaths Act.


…………..
Deponent


Sworn to at the High Court Registry, Ikeja
This ……… day of May 2012.

BEFORE ME

________________________
COMMISSIONER OF OATHS