NOTICE OF PRELIMINARY OBJECTION

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

SUIT NO:…………………

BETWEEN:

K & T LTD. …………………………………… DEFENDANT/ APPLICANT

AND

CROWN KITCHEN LTD……………………………………. CLAIMANT/RESPONDENT

NOTICE OF PRELIMINARY OBJECTION
BROUGHT PURSUANT TO ORDER 22 RULE 2 OF THE HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES 2004 AND WITHIN THE INHERENT JURISDICTION OF THIS HONOURABLE COURT

TAKE NOTICE that at the hearing of the above suit the Defendant/Applicant intends by way of preliminary objection to challenge the competence of this suit, and may be heard praying this Hounourable Court for an Order dismissing or alternatively striking out the suit.

AND TAKE NOTICE that the grounds on which the Defendant/Applicant intends to rely on are as follows:

  1. The matter/dispute had not first been submitted to conciliation based on Clause 2 of the Partnership Agreement of the parties.
  2. That the action was commenced in the wrong Judicial Division.


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


……………………………………..
Samuel Ayodeji Esq.
Counsel to the Claimant
Whose address is:
10 Yaba Road, Lagos





FOR SERVICE ON:
The Defendant
No 15 Kent Street Ikoyi Lagos.

NOTICE OF PRELIMINARY OBJECTION

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

SUIT NO: LD/87/12
MOTION NO: M/02



BETWEEN:

KENNETH ONONEZE ----------------------------------------------------- CLAIMANT/RESPONDENT

AND

DOMINIC KENNETH ---------------------------------------------------- DEFENDANT/ APPLICANT

NOTICE OF PRELIMINARY OBJECTION
BROUGHT PURSUANT TO SECTION 2(1)(A) OF THE PUBLIC OFFICERS PROTECTIONS ACT, AND THE INHERENT JURISDICTION OF THIS HONOURABLE COURT.

TAKE NOTICE that this Honorable Court shall be moved on the ____________ day of ______________, _______________ in the hour of 9 o’clock in the forenoon or soon thereafter as Counsel to the Applicant shall be heard by way of a preliminary objection challenging the competence of this suit and the jurisdiction of this court and shall also be heard praying the court for the following order(s):

  1. AN ORDER striking out this suit; and
  2. SUCH OTHER ORDER OR FURTHER ORDER(s) as this Honourable Court may deem fit to make in the circumstances of this case.
AND TAKE FURTHER NOTICE that the grounds for the objection are as follows:
  1. The suit is statute barred having being commenced outside the statutory period of three months under the Public Officers Protection Act
  2. Non service of the requisite pre-action notices on the defendant under the local government law.


Dated this ________ day of ____________, _________________

___________________
K.O.D. Okwor Esq.
APPLICANT’S SOLICITOR
STAR CHAMBERS
NO 5 LEKKI DRIVE
VICTORIA ISLAND
LAGOS.
Kennethokwor@gmail.com









FOR SERVICE ON:
  1. THE RESPONDENT, KAYUBA ADA
    C/O HER COUNSEL
    S.E. EKONE Esq.
    JURIS CONSULT CHAMBERS
    NO 3 AJAH STREET
    VICTORIA ISLAND
    LAGOS