MOTION ON NOTICE FOR THE ISSUANCE OF THE WRIT OF EXECUTION WITH AFFIDAVIT

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

SUIT NO: ….

BETWEEN:

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

AND

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

MOTION ON NOTICE
BROUGHT PURSUANT TO SECTION 44 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 ORDER ATTACHING plot No. 23 Kent Street Ikoyi Lagos, the property of the Judgment debtor for sale in satisfaction of an outstanding judgment debt of N10 million
  2. AN FOR SUCH ORDERS as this Court may deem fit to make in the circumstances.


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


………………………
Chigozie Duke
Group Eight Chambers
Counsel to the Defendant/Respondent
Whose address for service is
NO. 15, Law School.






FOR SERVICE ON:
Claimant /Applicant
C/O Counsel
No. 20 Adeola Hopewell Street
Victoria Island
Lagos State.

AFFIDAVIT IN SUPPORT

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

SUIT NO: ….

BETWEEN:

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

AND

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

AFFIDAVIT IN SUPPORT OF MOTION FOR ATTCAHMENT OF THE IMMOVABLE PROPERTY OF THE JUDGEMNT DEBTOR

I, Steven Mershi, Male, Adult, Christian, company secretary, Nigerian citizen residing at 10 Duberville Street Ikoyi Lagos State do hereby make oath and state as follows:

  1. That I am the Company Secretary of the Judgment Creditor/Applicant and by virtue of which I am conversant with the facts deposed to.
  2. I have the authority of my employer to depose to this affidavit.
  3. I know as a fact that on the 20 of January 2011, the Applicant obtained judgment in the High Court of Lagos State against the judgment Debtor for the payment of the sum of N20 million owed as debt and N20, 000.00 as cost; a copy of the judgment is attached and marked Exhibit ‘A’.
  4. I know that only N10 million was realized from the attachment of the business equipment on the 30 of March 2011 by this Court.
  5. The said judgment against the judgment Debtor is still partly unsatisfied to the tune of N10 million only.
  6. I know also that there is no other movable property of the Judgment Debtor that can be attached in satisfaction of the remainder of the judgment debt.
  7. It is in the interest of justice to grant this application.
  8. 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, Lagos
This …………day of May 2012.

BEFORE ME

_________________________
COMMISSIONER OF OATHS