WRIT OF SUMMONS

IN THE LSS HIGH COURT OF JUSTICE

IN THE ADO-EKITI JUDICIAL DIVISION
HOLDEN AT ADO-EKITI
BETWEEN SUIT NO. ……………………

CHARLES KURUKURU CLAIMANT

AND

THE ADMINISTRATORS/EXECUTORS OF THE

ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

TO: THE ADMINISTRATORS/EXECUTORS OF THE ESTATE OF CHIEF DAMILARE JOHN-

SIMON
OF: NO 419. BRODERICK ESTATE, ADO-EKITI, EKITI STATE.

YOU ARE HEREBY COMMANDED that within eight (8) 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 MR. CHARLES KURUKURU and take notice that in default of your so doing the claimant may proceed
therein, and judgment may be given in your absence.

Dated at Ado Ekiti, this 8th day of March, 2024.

_______________
REGISTRAR

MEMORANDUM TO BE SUBSCRIBED ON THE WRIT

NB: This writ is to be served within twelve calendar months from the date there, or if renewed, within six
calendar months from the date of the last renewal, including the day of such date, and not after wards.

The Defendant(s) may appear hereto by entering an appearance (or appearances) either personally or by legal
practitioner at the Registry of the Judicial Division in which the writ is issued.
 ENDORSEMENT
CLAIM

The claimant claims against the defendant as follows:

a. A DECLARATION that there is a valid contract between Mr Charles Kurukuru, the Claimant and
Chief Damilare John-Simon, the deceased, to transfer 200 million naira worth of shares from Chief
Damilare John-Simon, the deceased to Mr Charles Kurukuru, the claimant.

b. A DECLARATION that the deceased, Chief Damilare John-Simon to transfer of 200 million Naira
worth of shares from Chief Damilare John-Simon, the deceased to Mr Charles Kurukuru, the claimant
is valid.

c. AN ORDER OF PERPETUAL INJUNCTION restraining the Administrators/Executors of the

estate of Chief Damilare John-Simon, from interfering with the execution of the afore mentioned
contract between Mr Charles Kurukuru, the Claimant and Chief Damilare John-Simon, the deceased.

Dated at Ado Ekiti, this 8th day of March, 2024.

_____________________
Orilade Peculiar
(Claimant’s Solicitor)

This writ was issued by: Orilade Peculiar

Of: 300 Level whose address for service is College of Law, Afe Babalola University, Ado Ekiti. Agent to
Claimant, Legal Practitioner for the said Claimant whose address is at Plot No. 1 Ogaga Estate, GRA, Ado
Ekiti, Ekiti State, Nigeria.

This Writ was served on the Administrators/Executors of the estate of Chief Damilare John-Simon,
On the Defendant(s) by personal service
On the 8th day of March, 2024.
Signed: ______________________________________________
Address: ______________________________________________
 IN THE LSS HIGH COURT OF JUSTICE
IN THE ADO-EKITI JUDICIAL DIVISION
HOLDEN AT ADO-EKITI
BETWEEN SUIT NO. …………………..

MR. CHARLES KURUKURU CLAIMANT

AND

THE ADMINISTRATORS/EXECUTORS OF
THE ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

STATEMENT OF CLAIM

1. The Claimant is a law-abiding Nigerian Citizen, and resident at Plot No.1 Ogaga Estate, GRA,
Ado Ekiti, Ekiti State, Nigeria.
2. The Defendant is The Administrators/Executors of the Estate of Chief Damilare John-Simon of
No. 419 Broderick Estate.
3. On the 24th day of February, 2024, the Claimant got married to the love of his life, Anike John-
Simon, the daughter of Chief Damilare John-Simon, the deceased. Although, the family initially
did not approve of the union, they eventually did for the sake of their daughter and gave them a
lavish wedding.
4. The claimant avers that during the reception, the deceased, Chief Damilare John-Simon called the
Claimant aside to follow him to pick up something at the deceased’s house.
5. The Claimant avers that on getting to the deceased’s house, the deceased had a conversation with
the claimant in which he offered the Claimant the sum of 200 million naira in shares in exchange
for the promise of being a good husband to Anike, the Claimant’s wife and deceased daughter;
and a good father to their future children.
6. The Claimant avers that the deceased, Chief Damilare John-Simon further gave him the lawyer’s
card signifying his intention to be bound by his promise.
7. The Claimant, in a state of shock, initially declined the offer. He however impliedly accepted the
offer by collecting the lawyer’s card. The Claimant shall rely on this card at trial.
 8. The Claimant avers that the deceased, Chief Damilare John-Simon as a show of love and
acceptance also gave him the key to his Bentley and a ring which the men in their family wear and
then said he was going to sleep. The Claimant shall rely on these at trial.
9. The Claimant avers that he then returned to his wife, Anike at the reception venue to continue
with the party and that after they had left the venue, he, the claimant told his wife, Anike about
everything that happened between himself and her dad, the deceased and she told him they will
talk better on it the next day.
10. The Claimant therefore claims against the defendant as follows:

a. A DECLARATION that there is a valid contract between Mr Charles Kurukuru, the Claimant and
Chief Damilare John-Simon, the deceased, to transfer 200 million naira worth of shares from Chief
Damilare John-Simon, the deceased to Mr Charles Kurukuru, the claimant.
b. A DECLARATION that the deceased, Chief Damilare John-Simon to transfer of 200 million Naira
worth of shares from Chief Damilare John-Simon, the deceased to Mr Charles Kurukuru, the claimant
is valid.
c. AN ORDER OF PERPETUAL INJUNCTION restraining the Administrators/Executors of the
estate of Chief Damilare John-Simon, from interfering with the execution of the afore mentioned
contract between Mr Charles Kurukuru, the Claimant and Chief Damilare John-Simon, the deceased.

Dated at Ado-Ekiti, this 8th day of March, 2024.

_____________________
Peculiar Orilade
(Claimant’s Solicitor)
For Service on:
Omolola Oluwatoniloba
Defendant’s Counsel
 IN THE LSS HIGH COURT OF JUSTICE
IN THE ADO-EKITI JUDICIAL DIVISION
HOLDEN AT ADO-EKITI
BETWEEN SUIT NO. ……………………..

MR. CHARLES KURUKURU CLAIMANT

AND

THE ADMINISTRATORS/EXECUTORS OF
THE ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

LIST OF DOCUMENTS TO BE RELIED ON AT

THE TRIAL BY THE CLAIMANT

1. The business card of Amos Edos Osamudiame, the lawyer.

2. Chief Damilare John-Simon’s car key.
3. Chief Damilare John-Simon’s ring.
4. Call to bar certificate of Amos Edos Osamudiame, the lawyer.
5. Letter of Appointment of Amos Edos Osamudiame.
6. Memorandum and articles of association of Pluto Bank.
7. Certificate of shares of Chief Damilare John-Simon.
8. Shares transfer form.

Dated at Ado-Ekiti, this 8th day of March, 2024.

_____________________
Orilade Peculiar
(Claimant’s Solicitor)

For Service on:

Omolola Oluwatoniloba
Defendant’s Counsel
 IN THE LSS HIGH COURT OF JUSTICE
IN THE ADO-EKITI JUDICIAL DIVISION
HOLDEN AT ADO-EKITI
BETWEEN SUIT NO. ………………

MR. CHARLES KURUKURU CLAIMANT

AND
THE ADMINISTRATORS/EXECUTORS OF
THE ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

LIST OF WITNESS(ES) TO BE CALLED AT

THE TRIAL BY THE CLAIMANT

1. Mr. Charles Kurukuru

2. Mrs. Anike John-Simon Kurukuru
3. Mr. Amos Edos Osamudiame

Dated at Ado-Ekiti, this 8th day of March, 2024.

_____________________
Orilade Peculiar
(Claimant’s Solicitor)

For Service on:

______________________
Omolola Oluwatoniloba
Defendant’s Counsel
 IN THE LSS HIGH COURT OF JUSTICE
IN THE ADO-EKITI JUDICIAL DIVISION
HOLDEN AT ADO-EKITI
BETWEEN SUIT NO. …………………….

MR. CHARLES KURUKURU CLAIMANT

AND
THE ADMINISTRATORS/EXECUTORS OF
THE ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

WRITTEN STATEMENT ON OATH

I, Mr. Charles Kurukuru, Adult, Male, Nigerian, Christian, of Plot No. 1 of Ogaga Estate, GRA, Ado-Ekiti,
Ekiti State, do hereby make oath and state as follows THAT:
1. I am the Claimant in this case.

2. The Defendant is The Administrators/Executors of the Estate of Chief Damilare John-Simon of

No 419, Broderick Estate, Ado-Ekiti, Ekiti state.
3. On the 24th day of February, 2024, I got married to the love of my life, Anike John-Simon, the
daughter of Chief Damilare John-Simon, the deceased. Although, the family initially did not
approve of our union, they eventually approved for the sake of their daughter and gave us a lavish
wedding.
4. During the reception, the deceased, Chief Damilare John-Simon called me aside to follow him to
pick up something at his house.
5. On getting to the deceased’s house, the deceased had a conversation with me in which he offered
me a sum of 200 million naira in shares in exchange for the promise of being a good husband to
Anike, my wife and the deceased’s daughter; and a good father to our future children.
6. The deceased, Chief Damilare John-Simon further gave me his lawyer’s card signifying his
intention to be bound by his promise.
7. In a state of shock, I initially declined the offer. I however, impliedly accepted the offer by
collecting the lawyer’s card and actually contacting him.
8. The deceased, Chief Damilare John-Simon as a show of love and acceptance also gave me the key
to his Bentley and a ring which the men in their family wear and afterwards, said he was going to
sleep. The Claimant shall rely on these at trial.
 9. I then returned to my wife, Anike at the reception venue to continue with the party and after we
had left the venue, I told my wife, Anike about everything that happened between myself and her
dad, the deceased and she told me that we will talk better on it the next day.
10. The Claimant therefore claims against the defendant as follows:
(a) A DECLARATION that there is a valid contract between Mr Charles Kurukuru, the Claimant and
Chief Damilare John-Simon, the deceased, to transfer 200 million naira worth of shares from Chief
Damilare John-Simon, the deceased to Mr Charles Kurukuru, the claimant.
(b) A DECLARATION that the deceased, Chief Damilare John-Simon to transfer of 200 million Naira
worth of shares from Chief Damilare John-Simon, the deceased to Mr Charles Kurukuru, the claimant
is valid.
(c) AN ORDER OF PERPETUAL INJUNCTION restraining the Administrators/Executors of the
estate of Chief Damilare John-Simon, from interfering with the execution of the afore mentioned
contract between Mr Charles Kurukuru, the Claimant and Chief Damilare John-Simon, the deceased.
11. I urge my lords to grant the following reliefs.

12. I depose to this witness statement on oath in good faith believing the content to be true and in
accordance with the Oath Law.
______________
DEPONENT
Sworn to at the LSS High Court
Registry, Ado-Ekiti
This ___________ day of ______________ 2024

BEFORE ME

__________________________
COMMISSIONER FOR OATHS
 IN THE LSS HIGH COURT OF JUSTICE
IN THE ADO-EKITI JUDICIAL DIVISION
HOLDEN AT ADO-EKITI
BETWEEN SUIT NO. …………………………

MR. CHARLES KURUKURU CLAIMANT

AND
THE ADMINISTRATORS/EXECUTORS OF
THE ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

WRITTEN STATEMENT ON OATH

I, Mrs. Anike John-Simon Kurukuru, Adult, Female, Nigerian, Christian, of Plot No. 1 of Ogaga Estate,
GRA, Ado-Ekiti, Ekiti State, do hereby make oath and state as follows THAT:
1. I am the wife of the Claimant in this case.

2. The Defendant is The Administrators/Executors of the Estate of Chief Damilare John-Simon of

No 419, Broderick Estate, Ado-Ekiti, Ekiti state.
3. The Claimant is a Nigerian Citizen, Civil Servant and resident at Plot No. 1, Ogaga Estate, GRA,
Ado Ekiti, Ekiti State, Nigeria.
4. I have been in a relationship with the claimant for over 3 years and throughout the period of our
relationship, my parents have not been in support of the relationship because of the claimant’s
poor background.
5. On the 4th of October, 2023, Charles, the claimant asked me to marry him and I gladly accepted.
Following our engagement, we convinced my parents to approve our union.
6. As the only child of my parents, my late father had always loved me deeply and after much
convincing, he approved of the union and my mother grudgingly followed suit.
7. On the 10th of February, 2024, prior to I and the claimant’s wedding, my late father had a
discussion with me in which he informed me of his decision to transfer his personal shares in
Pluto bank to Charles, the claimant, if Charles promises to take good care of me and our future
children.
8. On the 15th of February, 2024, my late father and I went to Pluto bank to meet the lawyer and
company secretary of Pluto bank, Mr Amos Edos Osamudiame. He requested a share transfer
form to transfer his personal shares in Pluto Bank to the claimant. The Company Secretary gave
my late father a share transfer form which he filled and he left some parts blank for Charles, the
claimant to fill at a later date.
 9. Although I was extremely excited by my father’s decision, I did not inform the claimant, Charles
because my father had told me not to tell him because he was going to have a discussion with the
claimant to reach an agreement with him before telling him to meet with Mr Amos Edos
Osamudiame, the company secretary to finalise the transaction.
10. During our wedding reception, I saw my husband, the claimant, and my late father leaving the
reception venue together.
11. After we left the venue, my husband, the claimant, informed me of the conversation he had with
my late father in which he offered to transfer shares worth 200 million Naira to the claimant and
the claimant accepted the offer.
12. My husband, the claimant showed me the card of the lawyer whom my late father instructed him
to meet in order to finalise the transaction. The claimant also showed me my late father’s family
ring and the keys of the Bentley which my father gifted to him.
13. I told my husband, the claimant, that we will talk better on it the next day.

14. I depose to this witness statement on oath in good faith believing the content to be true and in
accordance with the Oath Law.
______________
DEPONENT
Sworn to at the LSS High Court
Registry, Ado-Ekiti

This ___________ day of ______________ 2024

BEFORE ME

__________________________
COMMISSIONER FOR OATHS
 IN THE LSS HIGH COURT OF JUSTICE
IN THE ADO-EKITI JUDICIAL DIVISION
HOLDEN AT ADO-EKITI
BETWEEN SUIT NO. ……………………

MR. CHARLES KURUKURU CLAIMANT

AND

THE ADMINISTRATORS/EXECUTORS OF
THE ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

WRITTEN STATEMENT ON OATH

I, Mr. Amos Edos Osamudiame, Adult, Male, Nigerian, Christian, Legal Practitioner, Company Secretary of
Pluto Bank Plc, of No 14. Rockview way, Ado-Ekiti, Ekiti State, do hereby make oath and state as follows
THAT:
1. I am a legal practitioner. I have a call to bar certificate and shall rely on same during trial.
2. I am also the Company Secretary of Pluto Bank Plc. I have a letter of appointment and shall
rely on same during the trial.
3. I knew late Chief Damilare John-Simon as a shareholder of Pluto Bank Plc.
4. On the 31st of January, 2024, during Pluto Bank Plc’s Annual general meeting, Chief Damilare
John-Simon expressed his desire to transfer his shares.
5. In accordance with the memorandum and article of association of Pluto Bank Plc, Chief
Damilare John-Simon offered his shares to the other shareholders of Pluto Bank. None of the
shareholders accepted the offer.
6. Subsequently, Chief Damilare John- Simon informed the shareholders that he would transfer
the shares to the claimant, Mr. Charles Kurukuru and they all voted on it. A simple majority of
the shareholders voted in favour of the transfer of shares to the claimant.
7. On the 15th of February 2024, Chief Damilare John-Simon and his daughter, then Anike John-
Simon had a meeting with me at Pluto Bank in which he requested a share transfer form in
order to transfer his shares to the claimant, Mr. Charles Kurukuru.
8. I gave Chief Damilare John-Simon a share transfer form, which he filled and left some parts
blank for the claimant, Mr. Charles Kurukuru to fill.
 9. Chief Damilare John-Simon informed me that the claimant will meet with me on a later date
at the bank, to fill the remaining part after he has had a discussion and reached a certain
agreement with the claimant.
10. On the 26th of February, 2024, the Claimant met with me at Pluto Bank and filled the
remaining part of the share transfer form to finalise the agreement.
11. The following day, the administrators and executors of the estate of Chief Damilare John-
Simon met with me to inform me of the devastating demise of Chief Damilare John-Simon
and inquire about Chief Damilare John-Simon’s Shares at Pluto Bank.
12. I informed them that Chief Damilare John-Simon had transferred his shares to the claimant,
Mr. Charles Kurukuru.
13. The administrators/executors of the estate of Chief Damilare John-Simon were furious at the
news and accused me of lying and conniving with the claimant to steal the shares of late Chief
Damilare John-Simon.
14. The administrators/executors of the estate of Chief Damilare John-Simon insisted that the
transaction was invalid, as such, they were going to prevent the shares from being transferred.
15. I depose to this witness statement on oath in good faith believing the content to be true and in
accordance with the Oath Law.
______________
DEPONENT
Sworn to at the LSS High Court
Registry, Ado-Ekiti

This ___________ day of ______________ 2024

BEFORE ME
__________________________
COMMISSIONER FOR OATHS