IN THE MAGISTRATE COURT OF LAGOS STATE

IN THE OGBA MAGISTERIAL DISTRICT

HOLDEN AT OGBA
SUIT NO:MCIK/2774/CIV/2023

BETWEEN

ALHAJI TIJANI OLUSOGA AMUSA (SUING

THROUGH HIS LAWFUL ATTORNEY

IFEOLUWATAYOMI ADEOLA ESQ)………………….CLAIMANT

AND

MR TAIWO OMOBOLA ADESOYE-

AMOO………………………………………..DEFENDANT

MOTION EXPARTE

BROUGHT PURSUANT TO ORDER 5 RULE 2 OF THE MAGISTRATE COURT

RULES OF LAGOS STATE 2009 AND UNDER THE INHERENT JURISDICTION
OF THIS HONOURABLE COURT

TAKE NOTICE that this Honourable Court shall be moved on the………. day
of………2023 at the hour of 9 o’clock in the forenoon or soon thereafter as Counsel for the
Claimant/Applicant may be heard seeking the court for the following reliefs:

a.AN ORDER OF THIS HONOURABLE COURT granting leave to the

Claimant/Applicant to serve the Defendant with the Writ of Summons and all other Processes
in this suit through substituted means; to wit: by pasting the processes at his last known
address (i.e.) 26a (2nd wing) Mende Maryland Lagos

b.AND FOR SUCH FURTHER OR OTHER ORDERS as this Honourable Court may
deem fit to make in the circumstances.

Dated this……………day of… 2023.

Ifeoluwatayomi Adeola Esq

Pp: Acacia Solicitor

Claimant/Applicant’s Counsel,

The Waterside, No 5 Admiralty road off Admiralty way Lekki Phase one Lagos.
 IN THE MAGISTRATE COURT OF LAGOS STATE

IN THE OGBA MAGISTERIAL DISTRICT

HOLDEN AT OGBA
SUIT NO:MCIK/2774/CIV/2023

BETWEEN

ALHAJI TIJANI OLUSOGA AMUSA (SUING

THROUGH HIS LAWFUL ATTORNEY

IFEOLUWATAYOMI ADEOLA ESQ)………………….CLAIMANT

AND

MR TAIWO OMOBOLA ADESOYE-

AMOO………………………………………..DEFENDANT

AFFIDAVIT IN SUPPORT OF MOTION EXPARTE

I, Tijani Olusoga, Male, Muslim, Nigerian Citizen of No. 9, Isola street, Randle Avenue,
Surulere, Lagos, do hereby make an oath and state as follows:

1. That I am the landlord of the defendant and owner of the property at No 26a Bush street
Mende Maryland Lagos

2. That the facts I depose to in this affidavit are facts within my personal knowledge except
where otherwise stated.

3. That on the 16th day of June 2023, my counsel instituted this action against the Defendant.

4. That the defendant in this suit has abandoned my property that I leased to him and he
cannot be contacted.

5. That all the efforts made to serve on him the statutory notices proved futile and my counsel
had to result to substituted means.

6.That I verily believe that the only way to notify the Defendant of the existence of this suit is
by pasting the Originating processes and all other subsequent processes at his last known
address (i.e.) No. 26a Mende Maryland Lagos State.

7. That the Defendant will not be prejudiced if this application is granted.

8.That I depose to this affidavit in good faith believing its contents to be true and correct in
accordance with the Oaths Act of 2004.
……………………….

DEPONENT

Sworn at the

Ogba Magistrate court Registry, Ogba this …………day of 2023

BEFORE ME

COMMISSIONER FOR OATH

 IN THE MAGISTRATE COURT OF LAGOS STATE

IN THE OGBA MAGISTERIAL DISTRICT

HOLDEN AT OGBA

SUIT NO:MCIK/2774/CIV/2023

BETWEEN

ALHAJI TIJANI OLUSOGA AMUSA (SUING

THROUGH HIS LAWFUL ATTORNEY

IFEOLUWATAYOMI ADEOLA ESQ)………………….CLAIMANT

AND

MR TAIWO OMOBOLA ADESOYE-

AMOO………………………………………..DEFENDANT

WRITTEN ADDRESS IN SUPPORT OF MOTION EXPARTE

INTRODUCTION:

The Claimant/Applicant filed the instant Motion seeking the reliefs as contained on the face
of the motion paper. The Application is supported by a 8 paragraph Affidavit deposed to by
the owner of the subject matter in this suit. We rely on all the paragraphs of the Affidavit.

ISSUE FOR DETERMINATION:

Your Honour, we submit that the sole issue for determination is whether the court can grant
the Claimant/Applicant’s prayers as contained on the face of the motion paper.

ARGUMENT:

We submit sir, with respect, that the answer to the above question is in the affirmative. May
we refer to the provisions of Order 5 Rule (2) of the Rules of this Honourable Court which
vests this Court with the power and the discretion to grant an order for substituted service
before or after personal service fails.

The provision of Order 5 Rule (2) is to the effect that:

Where it appears to the Court, either with or without an attempt at service in

accordance with the provisions of Rule 1 of this Order that for any reason service of
any process including a judgment summons cannot conveniently be effected, the
Court, after being satisfied by affidavit that it is necessary so to do, may order that
service be effected –
 (a) by delivering the process together with a copy of the order to some person being
an agent of the person to be served, or to some other person on it being proved that
there is reasonable probability that the document would in the ordinary course,
through that agent or other person, come to the knowledge of the person to be served;

(b) by delivery of the process through an accredited courier service in accordance to

the Law and proof of delivery to the satisfaction of the Court;

(c) by advertisement in some newspaper circulating within the jurisdiction;

(d) by notice affixed in a conspicuous position at the Court house or some other place
of public resort in that part of Lagos wherein the proceedings in respect of which the
service is made have been instituted;

(e) by affixing the process together with a copy of the order in a conspicuous position
at the entrance or on a door of the usual or last known place of abode or business of
the person to be served; or

(f) in such other manner as the Court may direct, and upon compliance with the
order, service shall be deemed to be good and sufficient service of the process on the
person to be served.

May we also refer the court to the case of National Bank (Nig.) Ltd v. John Akinkumi
Shoyoye & Anor (1977)5 SC181, where it was held that substituted service can be employed
when for any reason, a defendant cannot be served personally with the processes within the
jurisdiction of the court, for example when the defendant cannot be traced or when it is
known that the defendant is evading service. Furthermore, in Obe v Gom (2006) FWLR pt
303 pg 288, it was held that the object of service is to give notice to the defendants of the
claims against them, so that they may be aware of, and be able to resist, if they desire to, that
which is claimed against them.

In the instant application, the Claimant/Applicant have explained the circumstances that led
to the necessity of this application. May we refer particularly to paragraphs 4 & 5 of the
depositions as contained in the Affidavit in Support of this application.

CONCLUSION:

In conclusion, we humbly urge this Honourable Court to exercise its discretion in favour of
the Claimant/Applicant by granting this application, more so as it will not jeopardize the
interest of the Defendant in any way.

May it please the Court.

Dated this……………day of… 2023.

Ifeoluwatayomi Adeola Esq

Pp: Acacia Solicitor

Claimant/Applicant’s Counsel,

No. The Waterside, No 5 Admiralty road off Admiralty way Lekki Phase one Lagos.