CUSTOM SOLUTION LIMITED Vs MEDAVILLE BUILDING & CONSTRUTION COMPANY LTDCLAIM

(FORM1)
GENERAL FORMS OF WRIT OF SUMMONS

IN THE HIGH COURT OF JUSTICE ONDO STATE OF NIGERIA
IN THE AKURE JUDICIAL DIVISION
HOLDEN AT AKURE
SUIT NO:
BETWEEN:
CUSTOM SOLUTION LIMITED (TILCOR) CLAIMANT
AND
MEDAVILLE BUILDING & CONSTRUCTION COMPANY LIMITED DEFENDANT

TO: MEDAVILLE BUILDING & CONSTRUCTION COMPANY LIMITED. (Opposite Ondo State Police
Command (SIB), Alagbaka, Akure, Ondo State, Ondo State.
You are hereby commanded that within seven 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 of THE
CLAIMANT and take notice that in default of your doing so, the Claimant may proceed therein and
judgment may be given in your absence.
DATED ……………… day of ………………. 2024.
………………
Registrar
Fee Paid: N K
Summons
Service
Mileage
Transport
N.B.
This writ is to be served within six calendar months from the date thereof, or if renewed within three
calendar months from the date of the last renewal including the day of such date, and not afterwards.
The Defendants may enter appearance personally or by legal practitioner either by handing in the
appropriate forms, duly completed at the Registry of the High Court of Justice in the Akure Judicial
Division in which the action is brought or by sending them to the Registry by Registered Post.
CUSTOM SOLUTION LIMITED (TILCOR) vs. MEDAVILLE BUILDING & CONSTRUCTION COMPANY LIMITED 1|Page
INDORSEMENT
WHEREOF THE CLAIMANT therefore claims against the Defendant as follows:
i. A Declaration that the act of the Defendant in not paying the balance of Five Million, Two Hundred
and Fifty Nine Thousand (N5,259,000.00) after the installation of polystyrene parapet and roofing
sheet is a breach of contract between the Claimant and the Defendant.
ii. AN ORDER for payment of the sum of Five Million, Two Hundred and Fifty Nine Thousand
(N5,259,000.00) by the Defendant to the Claimant being the balance of N41,529,000.00 (Forty One
Million, Five Hundred and Twenty Nine Thousand Naira).
iii. AN ORDER for the payment of the sum of N16,000,000.00 (Sixteen Million Naira Only) as general
damages for breach of contract committed by the Defendant which has deprived the Claimant the
monetary benefit that should have accrued to the Claimant.
This writ is issued by FESTUS FATIMEHIN ESQ. of 2nd floor, Wing B, Tisco House, Opposite Access
Bank Alagbaka , Akure Ondo State Nigeria a Legal Practitioner for the said Claimant.
Indorsement to be made on copy of writ forthwith after service.
This writ was served by me at ………………………….. 2024
Service on the ………………. Day of ………………. 2024
Indorsed the …………………………. Day of ………………. 2024
(Signed)
The Registry, High Court of Ondo State
In the Akure Judicial Division
(Signature of Registrar)
Court Seal
HOLDEN AT AKURE
SUIT NO:
BETWEEN:
AND
STATEMENT OF CLAIM
1. The Claimant is a limited liability company whose office address is at P34,
CUDA complex, opposite Guarantee Trust Bank, Alagbaka, Akure, Ondo State,
a trading company and it is into construction and supply of polystyrene
parapet and roofing sheet installation.
2. The Defendant is a Construction company whose business office address is at

opposite Ondo State Police Command (SIB), Alagbaka, Akure, Ondo State.
3. The Defendant engages the services of the Claimant wherein the Claimant was
consulted to supply polystyrene parapet and roofing sheet installation of 35
units building, parapet and roofing.
4. The Claimant further states that the Defendant and Claimant agreed on 21st
Day of April, 2020 that the Claimant should supply the Defendant thirty five
(35) units Bond Rooftiles with Black patches in two batches.
5. The Claimant states that the price per unit is One Million, One Hundred and
Eighteen Thousand (N1,118,000) and the Defendant paid Thirty Six Million
(N36,000,000) both in first and second batch into the Claimant’s Fidelity bank
account, Keystone bank account, GT bank account and Zenith bank account
leaving the balance of Five Million, Two Hundred and Fifty Nine Thousand
(N5,259,000) naira. The statements of account of the aforementioned banks of
the Claimant shall be relied on at the trial of this suit.
6. The Claimant further aver that having done the work in accordance to the
bargain between the Claimant and the Defendant, the Claimant went to the
Defendant to demand for its balance of Five Million, Two Hundred and Fifty
Nine Thousand (N5,259,000) naira but the Defendant said he will consult its
auditor to know whether the balance is in harmony with what the Claimant
claims.
7. Further to the immediate preceding paragraph, the Defendant’s accountant Mr.

Johnson Ilesanmi of Ilesanmi Monday & Co. Chartered Accountant and Tax
Practitioners sent a letter dated 24th Day of February, 2022 wherein the
Defendant’s accountant demanded the bank statement showing the receipts of
cash/transfer as proof of claims in order to know the amount of money the
Defendant has sent to the Claimant. All the stated requests were supplied to
the accountant/auditor of the Defendant. A document titled: Audit Report on
Merchant: Custom Solution Limited dated 24th Day of February, 2022 shall be
relied on at the trial of this suit.
8. The Claimant states that having received the statement of account, bank
statement showing the receipt of cash/transfer as proof of claims, the audit
report confirmed that all the transferred claim were found on the statements.
The Claimant shall rely on the document titled: Audit Report on Merchant:
Custom Solution Limited at the trial of this suit.
9. Further to the immediate preceding paragraph the Claimant sent a letter of

demand to the Defendant wherein it demanded its balance of Five Million, Two
Hundred and Fifty Nine Thousand (N5,259,000) naira. Letters of demand titled:
Request for Outstanding balance dated 7th day of April, 2021, 26th day of
October, 2021 titled: Appeal for Outstanding Balance after one year and an
attached document titled: Project Financial Details, Request for Outstanding
Balance dated 25th Day of February, 2022, Request for Outstanding
Balance/The supply of Polystyrene Parapet and Roofing Sheet Installation
shall be relied on at the trial of this suit.
10. The Claimant states that after waiting for several months the Claimant’s
Managing Director went to meet the Managing Director of the Defendant and
begged him to give the Claimant the balance of Five Million, Two Hundred and
Fifty Nine Thousand (N5,259,000) naira, that the money the Claimant used to
complete the execution of the contract was borrowed and it has generated
unforeseen financial stress.
11. Further to the immediate preceding paragraph, the Claimant state that the
Defendant said he would only pay when he has money and if it is not
convenient the Claimant can go to the court of law, and it will surely meet the
Defendant there because the presence of the Defendant is everywhere in Ondo
State.
BREACH OF CONTRACT
12. The Claimants aver that the Defendant breached the agreement between them
as follows
a. That the Defendant categorically told the Claimant that it should use its
money to complete the project and the balance will be paid immediately it
completed same.
b. That it was because of the stated reason above that the Claimant used its
Five Million, Two Hundred and Fifty Nine Thousand (N5,259,000) naira to
complete the project which it borrowed.
c. That the Claimant only paid Thirty Six Million Naira (N36,000,000.00) naira
out of Forty One Million, Five Hundred and Twenty Nine Thousand Naira
(N41,529,000.00) as follows:
ELECTRONIC RECEIPT NO.1877367777/ BANK INFLOW DETAILS
PAYMENT DETAILS:
MERCHANT: CUSTOM SOLUTION LIMITED
DATE: 12TH OCTOBER, 2020.
S/N CLIENT PROJECT AMOUNT MODE OF PAYMENT/BANK DATE
NAME
1. MEDAVILLE ROOFING PROJECT 6,000,000.00 BANK TRANSFER/FIDELITY BANK 22/APRIL/2020
2. MEDAVILLE ROOFING PROJECT 6,000,000.00 BANK TRANSFER/KEYSTONE BANK 30/APRIL/2020
3. MEDAVILLE ROOFING PROJECT 5,000,000.00 BANK TRANSFER/FIDELITY BANK 24/JUNE/2020
4. MEDAVILLE ROOFING PROJECT 2,000,000.00 BANK TRANSFER/GT BANK 30/JUNE/2020
5. MEDAVILLE ROOFING PROJECT 2,000,000.00 CASH/FIDELITY BANK 14/JULY/2020
6. MEDAVILLE ROOFING PROJECT 2,000,000.00 BANK TRANSFER/FIDELITY BANK 17/JULY/2020
7. MEDAVILLE ROOFING PROJECT 2,000,000.00 BANK CHEQUE/ZENITH BANK 28/JULY/2020
9. MEDAVILLE ROOFING PROJECT 7,000,000.00 CHEQUE/ZENITH BANK 7/AUGUST/2020
10. MEDAVILLE ROOFING PROJECT 3,000,000.00 BANK TRANSFER/FIDELITY BANK 26/AUGUST/2020
TOTAL 36,000,000.00
AMOUNT
PAID
PROJECT FINANCIAL DETAILS

S/N DESCRIPTION QUANTITY PRICE TOTAL
1. Roof Construction (Parapet 25 unit (Bond 1,118,000 27,950,000
and Roof Covering) Bond Rooftiles with
Rooftiles with Black Black Patches)
Patches
Payment: 26,000,000
BALANCE: (Balance 1) 1,950,000.00
2. (Construction) 10 units 1,330,900 13,309,000.00

Less Payment 10,000,000.00
(Balance 2) 3,309,000.00
_______
TOTAL BALANCE 5,259,000.00
d. The Defendant and Claimant agreed that the Claimant should supply the
Defendant thirty five (35) units Bond Rooftiles with Black patches in two
batches.
e. That the total amount of thirty five(35) units Bond Rooftiles with black
patches is Forty One Million, Five Hundred and Twenty Nine Thousand
Naira (N41,529,000.00).
f. That the Claimant did the installation of polystyrene parapet and roofing
Sheet Installation as bargained,
g. That the price per unit is One Million, One Hundred and Eighteen Thousand
(N1,118,000) and the Defendant paid Thirty Six Million (N36,000,000) both
in first and second batches into the Claimant’s Fidelity bank account,
Keystone bank account, GT bank account and Zenith bank account leaving
the balance of Five Million, Two Hundred and Fifty Nine Thousand
(N5,259,000) naira out of Forty One Million, Five Hundred and Twenty Nine
Thousand Naira (N41,529,000.00).
h. That the Defendant failed to pay the balance of Five Million, Two Hundred
and Fifty Nine Thousand (N5,259,000) irrespective of several letters of
demand and audit report of the Defendant auditor.
13. The Claimant aver that his counsel charged him N1,000,000.00 (One Million
Naira) for his legal services. The Claimant shall rely on the invoice issued to
him at the trial of this suit.
14. The Claimant therefore claims as follows against the Defendant:

i. A Declaration that the act of the Defendant in not paying the balance of
Five Million, Two Hundred and Fifty Nine Thousand (N5,259,000.00) after
the installation of polystyrene parapet and roofing sheet is a breach of
contract between the Claimant and the Defendant.
ii. AN ORDER for payment of the sum of Five Million, Two Hundred and
Fifty Nine Thousand (N5,259,000.00) by the Defendant to the Claimant
being the balance of N41,529,000.00 (Forty One Million, Five Hundred and
Twenty Nine Thousand Naira).
iii. AN ORDER for the payment of the sum of N16,000,000.00 (Sixteen Million
Naira Only) as general damages for breach of contract committed by the
Defendant which has deprived the Claimant the monetary benefit that
should have accrued to the Claimant.
Dated this …….. Day of …………….….. 2024.
___________________________
CLAMIANT’S COUNSEL
FESTUS FATIMEHIN ESQ.
I.M. OLATUNDE ESQ.
For: FF ATTORNEYS
2nd Floor, Wing B, Tisco House,
Opposite Access Bank, ALAGBAKA,
Akure, Ondo State.
Email: ffattorneys@gmail.com
Tel: 07033022397, 07018207019
FOR SERVICE ON:

DEFENDANT
Opposite Ondo State Police Command,
Alagbaka, Akure,
Ondo State.
HOLDEN AT AKURE
SUIT NO:
BETWEEN:
AND
LIST OF WITNESS
1. ENGR. OLUAYO CALEB
2. MR. JIMOH WEMIMO
Dated this …….. Day of …………….….. 2024.

___________________________
I.M. OLATUNDE ESQ.
For: FF ATTORNEYS
Akure, Ondo State.
Tel: 07033022397, 07018207019
FOR SERVICE ON:

DEFENDANT
Alagbaka, Akure,
Ondo State.
HOLDEN AT AKURE
SUIT NO:
BETWEEN:
AND
STATEMENT ON OATH OF ENGR. OLUAYO CALEB

I, ENGR. OLUAYO CALEB, Male, Christian and Managing Director of Custom
Solution Limited (TILCOR), of P34, CUDA complex, opposite Guarantee Trust
Bank, Alagbaka, Akure, Ondo State, Nigerian Citizen do hereby make oath and
depose as follows:
1. That I am the Managing Director of the Claimant and Deponent herein.
2. That the Claimant is a limited liability company whose office address is at P34,
3. That the Defendant is a Construction company whose business office address

is at opposite Ondo State Police Command (SIB), Alagbaka, Akure, Ondo State.
4. That the Defendant engages the services of the Claimant wherein the Claimant
was consulted to supply polystyrene parapet and roofing sheet installation of
35 units building, parapet and roofing.
CUSTOM SOLUTION LIMITED (TILCOR) vs. MEDAVILLE BUILDING & CONSTRUCTION COMPANY LIMITED 10 | P a g e
5. That the Defendant and Claimant agreed on 21st Day of April, 2020 that the
Claimant should supply the Defendant thirty five (35) units Bond Rooftiles
with Black patches in two batches.
6. That the price per unit is One Million, One Hundred and Eighteen Thousand
(N1,118,000) and the Defendant paid Thirty Six Million (N36,000,000) both in
first and second batch into the Claimant’s Fidelity bank account, Keystone bank
account, GT bank account and Zenith bank account leaving the balance of Five
Million, Two Hundred and Fifty Nine Thousand (N5,259,000) naira out of Forty
One Million, Five Hundred and Twenty Nine Thousand Naira
(N41,529,000.00). I can recognize the statements of account of the
aforementioned banks of the Claimant at the trial of this suit.
7. That having done the work in accordance to the bargain between the Claimant
and the Defendant, the Claimant went to the Defendant to demand for its
balance of Five Million, Two Hundred and Fifty Nine Thousand (N5,259,000)
naira but the Defendant said he would consult its auditor to know whether the
balance is in harmony with what the Claimant claims.
8. That the Defendant’s accountant Mr. Johnson Ilesanmi of Ilesanmi Monday &
Co. Chartered Accountant and Tax Practitioners sent a letter dated 24 th Day of
February, 2022 wherein the Defendant’s accountant demanded the bank
statement showing the receipts of cash/transfer as proof of claims in order to
know the amount of money the Defendant has sent to the Claimant. All the
stated requests were supplied to the accountant/auditor of the Defendant. I
can recognize a document titled: Audit Report on Merchant: Custom Solution
Limited dated 24th Day of February, 2022 at the trial of this suit.
9. That having received the statements and bank statement showing the receipt
of cash/transfer as proof of claims, the audit report confirmed that all the
transferred claim were found on the statements. I can recognize the document
titled: Audit Report on Merchant: Custom Solution Limited at the trial of this
suit.
10. That the Claimant sent a letter of demand to the Defendant wherein it
demanded its balance of Five Million, Two Hundred and Fifty Nine Thousand
(N5,259,000) naira. I can recognize letters of demand titled: Request for
Outstanding balance dated 7th day of April, 2021, 26th day of October, 2021
titled: Appeal for Outstanding Balance after one year and an attached
document titled: Project Financial Details, Request for Outstanding Balance
dated 25th Day of February, 2022, Request for Outstanding Balance/The supply
of Polystyrene Parapet and Roofing Sheet Installation at the trial of this suit.
11. That after waiting for several months I went to meet the Managing Director of
the Defendant and begged him to give the Claimant the balance of Five Million,
Two Hundred and Fifty Nine Thousand (N5,259,000) naira, that the money the
Claimant used to complete the execution of the contract was borrowed and it
has generated unforeseen financial stress.
12. That the Defendant’s Managing Director said he would only pay when he has
money and if it is not convenient the Claimant can go to the court of law, and
it will surely meet the Defendant there because the presence of the Defendant
is everywhere in Ondo State.
BREACH OF CONTRACT
13. That the Defendant breached the agreement between them as follows
money to complete the project and the balance would be paid immediately
it completed same.
(N41,529,000.00) as follows:
PAYMENT DETAILS:
NAME
TOTAL 36,000,000.00
AMOUNT
PAID

Patches
Payment: 26,000,000

(Balance 2) 3,309,000.00
_______
d. That the Defendant and Claimant agreed that the Claimant should supply
the Defendant thirty five (35) units Bond Rooftiles with Black patches in two
batches.
e. That the total amount of money for thirty five (35) units Bond Rooftiles with
black patches is Forty One Million, Five Hundred and Twenty Nine
Sheet as bargained,
demand and audit report of the Defendant’s auditor.
14. That the Claimant’s counsel charged him N1,000,000.00 (One Million Naira) for
his legal services. I can recognize the invoice issued to the Claimant by its
Solicitors at the trial of this suit.
15. That I deposed to this statement on oath in good faith, solemnly and
conscientiously believing its contents to be true and correct to the best of my
knowledge in accordance with the relevant Oath Law in force in Ondo State.
__________________
DEPONENT
Sworn in the High Court Registry, Owo.
Dated this _____________ day of ________________ 2024
BEFORE ME
________________________
COMMISSIONER FOR OATH
HOLDEN AT AKURE
SUIT NO:
BETWEEN:
AND
STATEMENT ON OATH OF MR. JIMOH WEMIMO

I, MR. JIMOH WEMIMO, Male, Christian and Akure Branch Manager of Custom
depose as follows:
1. That I am the Branch Manager of the Claimant in Akure, Ondo State and
deponent herein.
2. That the Claimant is a limited liability company whose office address is at P34,
3. That the Defendant is a Construction company whose business office address

is at opposite Ondo State Police Command (SIB), Alagbaka, Akure, Ondo State.
was consulted to supply polystyrene parapet and roofing sheet installation of
35 units building, parapet and roofing.
Million, Two Hundred and Fifty Nine Thousand (N5,259,000) naira out of Forty
One Million, Five Hundred and Twenty Nine Thousand Naira
(N41,529,000.00). I can recognize the statements of account of the
aforementioned banks of the Claimant at the trial of this suit.
naira but the Defendant said he would consult its auditor to know whether the
balance is in harmony with what the Claimant claims.
stated requests were supplied to the accountant/auditor of the Defendant. I
can recognize a document titled: Audit Report on Merchant: Custom Solution
Limited dated 24th Day of February, 2022 at the trial of this suit.
9. That having received the statements and bank statement showing the receipt
of cash/transfer as proof of claims, the audit report confirmed that all the
transferred claim were found on the statements. I can recognize the document
titled: Audit Report on Merchant: Custom Solution Limited at the trial of this
suit.
(N5,259,000) naira. I can recognize letters of demand titled: Request for
Outstanding balance dated 7th day of April, 2021, 26th day of October, 2021
titled: Appeal for Outstanding Balance after one year and an attached
document titled: Project Financial Details, Request for Outstanding Balance
dated 25th Day of February, 2022, Request for Outstanding Balance/The supply
of Polystyrene Parapet and Roofing Sheet Installation at the trial of this suit.
11. That after waiting for several months the National Managing Director of the
Claimant went to meet the Managing Director of the Defendant and begged
him to give the Claimant the balance of Five Million, Two Hundred and Fifty
Nine Thousand (N5,259,000) naira, that the money the Claimant used to
complete the execution of the contract was borrowed and it has generated
unforeseen financial stress.
12. That the Defendant’s Managing Director said he would only pay when he has
money and if it is not convenient the Claimant can go to the court of law, and
it will surely meet the Defendant there because the presence of the Defendant
is everywhere in Ondo State.
BREACH OF CONTRACT
13. That the Defendant breached the agreement between them as follows
money to complete the project and the balance would be paid immediately
it completed same.
(N41,529,000.00) as follows:
PAYMENT DETAILS:
NAME
TOTAL 36,000,000.00
AMOUNT
PAID

Patches
Payment: 26,000,000

(Balance 2) 3,309,000.00
_______
d. That the Defendant and Claimant agreed that the Claimant should supply
the Defendant thirty five (35) units Bond Rooftiles with Black patches in two
batches.
e. That the total amount of money for thirty five (35) units Bond Rooftiles with
black patches is Forty One Million, Five Hundred and Twenty Nine
Sheet as bargained,
demand and audit report of the Defendant’s auditor.
14. That the Claimant’s counsel charged him N1,000,000.00 (One Million Naira) for
his legal services. I can recognize the invoice issued to the Claimant by its
Solicitors at the trial of this suit.
15. That I deposed to this statement on oath in good faith, solemnly and
conscientiously believing its contents to be true and correct to the best of my
knowledge in accordance with the relevant Oath Law in force in Ondo State.
__________________
DEPONENT
Sworn in the High Court Registry, Akure.
Dated this _____________ day of ________________ 2024
BEFORE ME
________________________
COMMISSIONER FOR OATH
HOLDEN AT AKURE
SUIT NO:
BETWEEN:
AND
LIST OF DOCUMENTS
1. Statements of account of the Claimant with Fidelity bank, Keystone bank, GT
bank and Zenith bank.
2. Audit Report on Merchant: Custom Solution Limited dated 24th Day of February,
2022.
3. A document titled: Audit Report on Merchant: Custom Solution Limited
4. Letters of demand titled: Request for Outstanding balance dated 7th day of April,
2021, 26th day of October, 2021 titled: Appeal for Outstanding Balance after one
year and an attached document titled: Project Financial Details, Request for
Outstanding Balance dated 25th Day of February, 2022, Request for Outstanding
Balance/The supply of Polystyrene Parapet and Roofing Sheet Installation.
5. Claimants’ solicitor invoice.
Dated this …….. Day of …………….….. 2024.

___________________________
I.M. OLATUNDE ESQ.
For: FF ATTORNEYS
Akure, Ondo State.
Tel: 07033022397, 07018207019
FOR SERVICE ON:

DEFENDANT
Alagbaka, Akure,
Ondo State.
HOLDEN AT AKURE
SUIT NO:
BETWEEN:
AND
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER20 RULE 1, ORDER 10 RULE 1 OF THE
ONDO STATE HIGH COURT (CIVIL PROCEDURE RULES 2019) AND
UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT
AS PRESERVED BY THE 1999 CONSTITUTION OF THE FEDERAL
REPUBLIC OF NIGERIA AS AMENDED
TAKE NOTICE that this Honourable Court will be moved on the

…………………… Day of…..…………………………….. 2024 at the hour of 9’ 0clock
in the forenoon or so soon thereafter as counsel for the Applicant may be heard
praying this Honourable Court for the following:
1. AN ORDER OF THIS HONOURABLE COURT setting this suit down for
hearing and allowing the Claimant to be heard for failure of the
Defendant/Respondent to file his Statement of Defence within the time
stipulated by this Honourable Court.
2. AND FOR SUCH FURTHER OR OTHER ORDERS as this Honourable
Court may deem fit to make in the circumstances.
GROUNDS UPON WHICH APPLICATION IS BROUGHT
a) The Claimant/Applicant instituted this suit by Writ of Summons and
Statement of Claim, filed on 31st Day of January, 2022.
b) The Defendant/Respondent having been served the Writ of Summons,
Statement of Claim and all other accompanied court processes in this suit has
however failed to file his Statement of Defence within the time allowed by
the Rules of this Honourable Court.
Dated this ____________ day of ___________ 2024
___________________________
I.M. OLATUNDE ESQ.
For: FF ATTORNEYS
Akure, Ondo State.
Tel: 07033022397, 07018207019
FOR SERVICE ON:

DEFENDANT
Alagbaka, Akure,
Ondo State.
HOLDEN AT AKURE
SUIT NO:
BETWEEN:
AND
AFFIDAVIT IN SUPPORT
I, MR. JIMOH WEMIMO, Male, Christian and Akure Branch Manager of Custom
depose as follows:
1. That I am the Branch Manager of the Claimant in Akure, Ondo State and
deponent herein.
was consulted to supply polystyrene parapet and roofing sheet installation of 35
units building, parapet and roofing.
Million, Two Hundred and Fifty Nine Thousand (N5,259,000) naira. The
statements of account of the aforementioned banks of the Claimant is herewith
attached and marked as Exhibit “A”.
naira but the Defendant said he will consult its auditor to know whether the
balance is in harmony with what the Claimant’s claims.
stated requests were supplied to the accountant/auditor of the Defendant.
7. That having received the statement and bank statement showing the receipt of
cash/transfer as proof of claims, the audit report confirmed that all the
transferred claim were found on the statements. The Claimant shall rely on the
document titled: Audit Report on Merchant: Custom Solution Limited is
herewith attached and marked as Exhibit “C”.

(N5,259,000) naira. Letters of demand titled: Request for Outstanding balance
dated 7th day of April, 2021, 26th day of October, 2021 titled: Appeal for
Outstanding Balance after one year and an attached document titled: Project
Financial Details, Request for Outstanding Balance dated 25th Day of February,
2022, Request for Outstanding Balance/The supply of Polystyrene Parapet and
Roofing Sheet Installation is herewith attached and marked as Exhibit “D”.
9. That after waiting for several months the Claimant’s Managing Director went
to meet the Managing Director of the Defendant and begged him to give the
Claimant the balance of Five Million, Two Hundred and Fifty Nine Thousand
(N5,259,000) naira, that the money the Claimant used to complete the execution
of the contract was borrowed and it has generated unforeseen financial stress.
10. That the Defendant said he would only pay when he has money and if it is not
convenient the Claimant can go to the court of law, and it will surely meet the
Defendant there because the presence of the Defendant is everywhere in Ondo
State.
11. That the Defendant categorically told the Claimant that it should use its money
to complete the project and the balance would be paid immediately it
completed same.
12. That it was because of the above stated reason that the Claimant used its Five
Million, Two Hundred and Fifty Nine Thousand (N5,259,000) naira to complete
the project which it borrowed.
13. That the Claimant only paid Thirty Six Million Naira (N36,000,000.00) naira out
of Forty One Million, Five Hundred and Twenty Nine Thousand Naira
(N41,529,000.00) as follows:
PAYMENT DETAILS:
NAME
TOTAL 36,000,000.00
AMOUNT
PAID

Patches
Payment: 26,000,000

(Balance 2) 3,309,000.00
_______
14. That the Defendant and Claimant agreed that the Claimant should supply the
Defendant thirty five (35) units Bond Rooftiles with Black patches in two
batches.
15. That the total amount of thirty five(35) units Bond Rooftiles with black patches
is Forty One Million, Five Hundred and Twenty Nine Thousand Naira
(N41,529,000.00).
16. That the Claimant did the installation of polystyrene parapet and roofing Sheet
as bargained,
first and second batches into the Claimant’s Fidelity bank account, Keystone
bank account, GT bank account and Zenith bank account leaving the balance
of Five Million, Two Hundred and Fifty Nine Thousand (N5,259,000) naira out
of Forty One Million, Five Hundred and Twenty Nine Thousand Naira
(N41,529,000.00).
18. That the Defendant failed to pay the balance of Five Million, Two Hundred and
Fifty Nine Thousand (N5,259,000) irrespective of several letters of demand and
audit report of the Defendant auditor.
19. That the total sum of Five Million, Two Hundred and Fifty Nine Thousand
(N5,259,000) is still outstanding and this remain in the custody of the Defendant
since 2020.
20. That the Defendant has failed, refused and neglected to pay back the money
owed the Claimant despite all efforts geared towards ensuring that the
Defendant pays the balance.
21. That by failure of the Defendant to pay the balance of Five Million, Two
Hundred and Fifty Nine Thousand (N5,259,000) the Claimant has being put
through a lot of pressure, trauma and economic hardship.
22. That in the Claimant’s effort to recover the money in the hands of the
Defendant, the Claimant has paid professions fees to its lawyer to approach
this Honourable Court which has further cost a lot of money.
23. That the Claimant has suffered untold hardship, psychological trauma, mental
punishment and depression and made unstable work for the past 3 years. The
Managing Director of the Defendant told the Claimant to wait for a while in
order for the Defendant to pay the outstanding balance of Five Million, Two
Hundred and Fifty Nine Thousand (N5,259,000).
24. That I deposed to this affidavit in good faith, solemnly and conscientiously
believing its contents to be true and correct to the best of my knowledge and in
accordance with the relevant Oath Law in force in Ondo State.
_____________
DEPONENT
Sworn to at the High Court Registry, Akure.
This _________day of _______________2024
BEFORE ME:
COMMISSIONER FOR OATHS

HOLDEN AT AKURE
SUIT NO:
BETWEEN:
AND
COUNSEL WRITTEN ADRESS IN SUPPORT OF APPLICATION FOR

SUMMARY JUDGMENT
1. Introduction
This is a motion on Notice brought pursuant to order 20 Rule 1 and Order 10
Rule 1 of the High Court of Ondo State [Civil Procedure] Rules 2019 and
under the inherent jurisdiction of this Honourable Court as contained in
section 6 (6) of the 1999 constitution of the Federal Republic of Nigeria (as
amended)
The application is dated …. And filed on ….. 2024.
1.1. By the said application, the Claimant/Applicant are praying this Honourable
Court for the following reliefs:
1.2. AN ORDER entering summary judgment against the Defendant\

Respondent herein in accordance with the Claimant\Applicant claim as
endorsed on the writ of summons and statement of claim in this suit on the
ground of the Claimant\Applicant belief that the Defendant/Respondent has
no defence to the claim, to wit:
a. AN ORDER for payment of the sum of Five Million, Two Hundred and Fifty
Nine Thousand (N5,259,000.00) by the Defendant to the Claimant being the
balance of N41,529,000.00 (Forty One Million, Five Hundred and Twenty
Nine Thousand Naira).
a. AN ORDER for the payment of the sum of N16,000,000.00 (Sixteen
Million Naira Only) as general damages for breach of contract
committed by the Defendant which has deprived the Claimant the
monetary benefit that should have accrued to the Claimant.
b. AND for such further or other orders as this Honourable Court may
deem fit to make in the circumstances
2. The grounds for the Application are as stated on the motion paper
3. The application is supported with 24 paragraphs affidavit deposed to by Mr

Jimoh Wemimo, a branch Manager of the Claimant in this suit and we are
relying on all the depositions contain therein.
4. This application is also supported by 5 Exhibit respectively marked as

follows:
EXHIBIT A …………Copies of statements of account of the Claimant with
Fidelity bank, Keystone bank, GT bank and Zenith bank.
EXHIBIT B…. A copy of Audit Report on Merchant: Custom Solution Limited
dated 24th Day of February, 2022.
EXHIBIT C…. A copy of a document titled: Audit Report on Merchant:
Custom Solution Limited
EXHIBIT D…. copies of letters of demand titled: Request for Outstanding
balance dated 7th day of April, 2021, 26th day of October, 2021 titled:
Appeal for Outstanding Balance after one year and an attached
document titled: Project Financial Details, Request for Outstanding
Balance dated 25th Day of February, 2022, Request for Outstanding
Balance/The supply of Polystyrene Parapet and Roofing Sheet
Installation.
EXHIBIT E…. A copy of Claimant’s solicitor invoice.
5. BRIEF STATEMENT OF FACTS:

The facts are as contained in the affidavit in support of this application.
6. ISSUES FOR DETERMINATION:

The only issue to be determined by this Honourable Court is:
Whether the Claimant/Applicant is entitled to grant of an order for summary
judgment in this suit.
7. ARGUMENT
7.1. We humbly refer your Lordship to paragraphs 2- 23 of the affidavit in
support of this application wherein the circumstances of the relationship
between the Claimant/ Applicant and Defendant/Respondent is well set
out. We particularly refer your Lordship to paragraphs 4 -23 detailing how
the Defendant/Respondent, engaged the services of the Claimant/
Applicant to supply and install 35 units bond of polystyrene parapet and
roofing Sheet That the price per unit is One Million, One Hundred and
Eighteen Thousand (N1,118,000) and the Defendant paid Thirty Six Million
(N36,000,000) both in first and second batch into the Claimant’s Fidelity
bank account, Keystone bank account, GT bank account and Zenith bank
account leaving the balance of Five Million, Two Hundred and Fifty Nine
Thousand (N5,259,000) naira. The statements of account of the
aforementioned banks of the Claimant is herewith attached and marked as
Exhibit “A”.
7.2. We therefore submit base on the above facts that this is an appropriate
matter wherein the application can be brought and the Honourable Court
can exercise its undoubted power and grant this application.
7.3. We refer my Lord to Order 10 Rule 1 of the Ondo State High (Civil
Procedure) Rules, 2019 which provides as follows:
“In all cases commenced by a writ of summons where a claimant
believes that there is no defence to his claim, notwithstanding
that the action is for declaratory relief, he shall file with his
originating process;
a) The statement of claim;
b) The depositions of his witnesses;
c) Intended exhibits or documents intended to be relied on;
d) Application for summary judgment which shall be supported by
an affidavit stating the grounds for his belief and;
e) Written address in respect thereof”.
7.4. Thus, we submit with respect that having regard to the above paragraph
of the Rules of this Honourable Court that the under-listed are the
conditions to be met by an Applicant seeking a relief of this nature:
{1} Filing of Originating process viz-a-viz the Statement of Claim, List
of Witnesses to be called, Statement on Oath of the witnesses, copies
of every document to be relied upon.
{2} Belief that the defendant has no defence to the case

{3} Filing an application for summary judgment together with the
Originating process
{4} Affidavit in support of the application stating the grounds of the
Belief that the Defendant has no defence to the Claim.
{5} Written Brief in respect of the application.
9.5. We shall now apply the aforementioned conditions to the instant suit as
Follows:
(a) Filling Of Originating Process Vix-A-Viz The statement Of Claim, List
Of Witnesses To Be Called, Statement On Oath Of the Witnesses, Copies
Of Every Document To Be Relied Upon.
We submit that it is incontrovertible that the Claimant/Applicant has filed
its Originating process to wit: The writ of summons, statement of Claim,
List of Witness to be called, copies of every document of the witness, copies
of every document to be relied on at the trial.
(b) Belief That The Defendant Has No Defence To The Claim

We submit that the claimant/Applicant in its Statement of Claims and by
paragraph 3 to 23 of the Affidavit in support to this application has
copiously reiterated the facts culminating in this suit i.e the genesis of the
relationship between the parties, how the Defendant/Respondent refused
to pay the outstanding balance of Five Million, Two Hundred and Fifty
Nine Thousand (N5,259,000) naira. The price per unit is One Million, One
Hundred and Eighteen Thousand (N1,118,000) and the Defendant paid
Thirty Six Million (N36,000,000) both in first and second batches into the
Claimant’s Fidelity bank account, Keystone bank account, GT bank
account and Zenith bank account leaving the balance of Five Million, Two
Hundred and Fifty Nine Thousand (N5,259,000) naira out of Forty One
Million, Five Hundred and Twenty Nine Thousand Naira
(N41,529,000.00). The Claimant/Applicant and the Defendant/
Respondent bargained that the Claimant/Applicant should supply the
Defendant Polystyrene Parapet and Roofing Sheet and the
Claimant/Applicant should install same. The Claimant/Applicant
borrowed Five Million, Two Hundred and Fifty Nine Thousand
(N5,259,000) naira to complete the project and the Defendant/Respondent
refused to pay the balance of Five Million, Two Hundred and Fifty Nine
Thousand (N5,259,000) naira irrespective of several demands for it, all in
the name that the Defendant/Respondent’s presence is everywhere in
Ondo State.
The Defendant/Respondent’s auditor on Mr. Johnson Ilesanmi of Ilesanmi

Monday & Co. Chartered Accountant and Tax Practitioners having
received the statement and bank statement showing the receipt of
cash/transfer as proof of claims, the audit report confirmed that all the
transferred claim were found on the statements and he candidly advised
the Defendant/Respondent to pay the sum of Five Million, Two Hundred
and Fifty Nine Thousand (N5,259,000) naira to the Claimant being the
outstanding balance which his audit report confirmed.
It is upon all these facts and circumstances that the claimant verily believe
that the Defendant/Respondent have no defence to the claim of the
Claimant/Applicant.
We submit further that the Claimants/Applicants belief is not an arbitrary

or unreasonble one having regards to the facts contained in both the
statement of Claim and the Affidavit in support of the application for
Summary Judgment as well as the exhibits attached to the Affidavit in
support of the application itemizing how the Defendant/Respondent, 1zst
Defendant in particular failed to pay the Claimant the outstanding balance
of the money the Claimant spent in supply and installation of Polystyrene
Parapet and Roofing Sheet.
(c) Filling An Application For Summary Judgment Together With The

Originating
Process.
There is no iota of doubt that this Application for Summary Judgment is
filed along with the Originating processes as evidenced by the date of filing
of the said Originating Process and this application for summary
judgment.
(d ) Affidavit in Support Of the Application Stating The Grounds Of The

Belief That the Defendant Has No Defence To The Claim.
We submit that the Affidavit in support of the application clearly meets
this condition having regard to the detailed depositions of how the
Defendants/Respondent owed the Claimant/Applicant the sum of Five Million,
Two Hundred and Fifty Nine Thousand (N5,259,000) naira.
9.6 In the United Bank of Africa Plc V. Jargaba[2007] 11 NWLR {pt. 1045} at 263
paras B-D.
The Supreme Court Stated that
“Summary Judgments are resorted to by courts and given to the
plaintiff without the necessity of a plenary trial of an action. They are
used for prompt and expeditious disposal of controversies without trial
when there is no dispute as to material facts or inferences to be drawn
from undisputed facts or when only questions of law are involved. In
other words Summary Judgment is used for disposing with dispatch,
cases which are virtually uncontested or where there is no reasonable
doubt that a plaintiff is entitled to Judgment and where it is inexpedient
to allow a defendant to defend for mere purpose of delay”
9.7 In Macaulay V. NAL Merchant Bank (1990) 4 NWLR (pt 144) pg. 307 para H-
A The Supreme Court Stated that:
“People do not seem to understand that the effect of Order xiv is, that
upon the allegation of one side or the other, man is not to be permitted
to defend himself in a court; that his right are some things too plain for
the argument; and where there were pleas put in simply for the purpose
of delay; which only added to the expertise, and where it was not in aid
of justice that such things should continue.
9.8. We therefore humbly submit that our purport of coming under summary
judgment is to prevent sham defence from defeating the right of parties by delay
and at the same time causing great loss to the Claimants/Applicants who are
endeavoring to enforce their right.
9.9. See Alagbaka V. First Bank of Nigeria Plc (2007) 6 NWLR pt,(1029) page 54
Paras C-D where the court held as follows:
“Purpose and essence of the provision of Order 10 and 11 Rules of the
Court below on Summary Judgment. The rules were meant to enable the
court decide actions in which from the affidavit evidence before it no
legally tenable defence on the merit was disclosed, expeditiously. The
discretion given to the court in the rules is used in such causes to save
precious time and resources on the part of the court and expenses in
addition on the part of the parties. The procedure therefore avoids delay
and often frustration associated with full trials of such clear cut cases.
9.10. We state that the rules of this Honourable Court are predicated upon the
principle of front loading which presupposes that as at the time of filing this Written
Brief, the Claimant/Applicant will not have seen the Defendant/Respondent:
{a} Statement of Defence
{b} Deposition of Witness
{c} Exhibit to be used in their defense
{d} Written Brief in reply to the application for summary Judgment.
9.11. We submit that the above position has placed much burden on my Lord to
take serious look at “Statement of Defence (If any) filed in response to the Statement
of Claim. The whole essence of a statement of Defence is to meet the particulars of
a Statement of Claim.
9.12. Finally, we urge my Noble Lord to grant the Application and enter judgment
in favour of the Claimant/Applicant who has come before this Honourable Court
which is the last hope of the common man to do justice.
Dated this ____________ day of ___________ 2024
___________________________
I.M. OLATUNDE ESQ.
For: FF ATTORNEYS
Akure, Ondo State.
Tel: 07033022397, 07018207019
FOR SERVICE ON:

DEFENDANT
Alagbaka, Akure,
Ondo State.

CUSTOM SOLUTION LIMITED Vs MEDAVILLE BUILDING & CONSTRUTION COMPANY LTDCLAIM

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(FORM1)

GENERAL FORMS OF WRIT OF SUMMONS

MEDAVILLE BUILDING & CONSTRUCTION COMPANY LIMITED DEFENDANT

DATED ……………… day of ………………. 2024.

MEDAVILLE BUILDING & CONSTRUCTION COMPANY LIMITED DEFENDANT

2. The Defendant is a Construction company whose business office address is at

7. Further to the immediate preceding paragraph, the Defendant’s accountant Mr.

9. Further to the immediate preceding paragraph the Claimant sent a letter of

PROJECT FINANCIAL DETAILS

2. (Construction) 10 units 1,330,900 13,309,000.00

14. The Claimant therefore claims as follows against the Defendant:

Dated this …….. Day of …………….….. 2024.

FOR SERVICE ON:

MEDAVILLE BUILDING & CONSTRUCTION COMPANY LIMITED DEFENDANT

Dated this …….. Day of …………….….. 2024.

FOR SERVICE ON:

MEDAVILLE BUILDING & CONSTRUCTION COMPANY LIMITED DEFENDANT

STATEMENT ON OATH OF ENGR. OLUAYO CALEB

1. That I am the Managing Director of the Claimant and Deponent herein.

3. That the Defendant is a Construction company whose business office address

PROJECT FINANCIAL DETAILS

4. (Construction) 10 units 1,330,900 13,309,000.00

Dated this _____________ day of ________________ 2024

MEDAVILLE BUILDING & CONSTRUCTION COMPANY LIMITED DEFENDANT

STATEMENT ON OATH OF MR. JIMOH WEMIMO

3. That the Defendant is a Construction company whose business office address

PROJECT FINANCIAL DETAILS

6. (Construction) 10 units 1,330,900 13,309,000.00

Sworn in the High Court Registry, Akure.

Dated this _____________ day of ________________ 2024

MEDAVILLE BUILDING & CONSTRUCTION COMPANY LIMITED DEFENDANT

Dated this …….. Day of …………….….. 2024.

FOR SERVICE ON:

MEDAVILLE BUILDING & CONSTRUCTION COMPANY LIMITED DEFENDANT

TAKE NOTICE that this Honourable Court will be moved on the

Dated this ____________ day of ___________ 2024

FOR SERVICE ON:

MEDAVILLE BUILDING & CONSTRUCTION COMPANY LIMITED DEFENDANT

8. That the Claimant sent a letter of demand to the Defendant wherein it

PROJECT FINANCIAL DETAILS

2. (Construction) 10 units 1,330,900 13,309,000.00

COMMISSIONER FOR OATHS

IN THE HIGH COURT OF JUSTICE ONDO STATE OF NIGERIA

MEDAVILLE BUILDING & CONSTRUCTION COMPANY LIMITED DEFENDANT

COUNSEL WRITTEN ADRESS IN SUPPORT OF APPLICATION FOR

1.2. AN ORDER entering summary judgment against the Defendant\

3. The application is supported with 24 paragraphs affidavit deposed to by Mr

4. This application is also supported by 5 Exhibit respectively marked as

5. BRIEF STATEMENT OF FACTS:

6. ISSUES FOR DETERMINATION:

{2} Belief that the defendant has no defence to the case

(b) Belief That The Defendant Has No Defence To The Claim

The Defendant/Respondent’s auditor on Mr. Johnson Ilesanmi of Ilesanmi

We submit further that the Claimants/Applicants belief is not an arbitrary

(c) Filling An Application For Summary Judgment Together With The

(d ) Affidavit in Support Of the Application Stating The Grounds Of The

Dated this ____________ day of ___________ 2024

FOR SERVICE ON:

Dated this _ day of ____ 2024

Dated this _ day of ____ 2024

Dated this __ day of _ 2024

Dated this __ day of _ 2024