WRIT OF SUMMONS AND AN AFFIDAVIT IN SUPPORT WITH A BELIEF THAT THE DEFENDANT HAS NO DEFENCE TO THE CLAIM UNDER THE UNDEFENDED LIST PROCEDURE

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT NO:……

BETWEEN:

MRS KAYUBA ADA ………………………….……………………. PLAINTIFF

AND

AGRICULTURAL BANK PLC........................................................ DEFENDANT

You are hereby commanded that within eight days after the service of this writ on you inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit MrsKayuba Ada and take notice that in default of your so doing the claimant may proceed therein, and judgment may be given in your absence.


DATED this ..............day of ................ 2012 .


_______
Registrar

AFFIDAVIT IN SUPPORT

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT NO:……

BETWEEN:

MRS KAYUBA ADA ………………………….……………………. PLAINTIFF

AND

AGRICULTURAL BANK PLC........................................................ DEFENDANT

AFFIDAVIT IN SUPPORT

I, MrsKayuba Ada, Adult, Female, Christian, Business woman and a Citizen of Nigeria residing at No. 10 Ogun Street Garki 2 Abuja do hereby make oath and state as follows:

  1. I am the Plaintiff in this matter and by virtue of which I am conversant with the facts of this case.
  2. The plaintiff entered into a contract with the defendant for the supply of 5,000 tons of cashew nuts worth N10, 000, 000.00 on the 15 day of June 2000, a copy of the contract agreement is attached and marked Exhibit A.
  3. It was agreed as terms of the contract that a part payment of N3, 000,000.00 be paid as advance and the balance be paid upon the actual supply of the cashew nuts by the Plaintiff.
  4. The plaintiff has supplied the 5,000 tons of cashew nuts on the 30 of September 2000 to the defendant and the balance of N7, 000, 000.00 has not been made to the plaintiff.
  5. The plaintiff has written several Letters of demand to the defendant who has always pleaded that sometime be given to it to clear up/pay the balance, copies of the two Letter of demand and the reply from the defendant are hereby attached and marked as exhibit B, C and D respectively.
  6. That I believe the defendant has no good defence to the Plaintiff’s claims.
  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, Lagos
This …………..day of …………………….2012.

BEFORE ME

_____________________
COMMISSIONER OF OATHS