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 so soon thereafter as Counsel on behalf of the Applicant can be heard praying the Court for the following:

1. AN ORDER entering Summary judgment for the Claimant/Applicant.
2. AND FOR SUCH ORDERS as this Court may deem fit to make in the circumstances.

DATED THE …………………………DAY OF…………………………………2012.

AFFIDAVIT IN SUPPORT

I, Samuel John, Male, Adult, Christian and a Nigerian Citizen of No. 20 Kelbs Street Ikeja Lagos do make oath and state as follows:

1. That I am the Managing director of the Claimant/Applicant by virtue of which I am conversant with the facts of this case.
2. I have the authority of the Claimant/Applicant to depose to this affidavit.
3. That on the 10 day of June 2006 both the Claimant and the defendant entered into a contract to run a fast food business as K & T together, a copy of the agreement is hereby attached and marked as Exhibit A.
4. That since 2006 the defendant has been running the business of K & T without rendering of accounts, the duplicate receipts and vouchers issued by the defendant are attached and marked as Exhibit B-C.
5. That I know the defendant has no defense to the claim.
6. I make this statement in good faith believing its content to be true and correct inaccordance with the Oaths Act.