IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: LD/849HD/14
BETWEEN
CHRISTOPHER ONYEKAOZURU NWOKORIE ………… PETITIONER/APPLICANT
AND
EUNICE NDIDIAMAKA NWOKORIE ……………. RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 6 RULES 6(2), 7 AND ORDER 30 RULE 1 AND
4(1) OF THE HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES 2012 AND
UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on the ………. day of
………………………, 2015 at the hour of 9 O’clock in the forenoon or so soon thereafter as
the Petitioner/Applicant may be heard praying this Honourable Court for the following
Orders;
1. AN ORDER of this Honourable Court renewing the life span of this Notice of
Petition.
2. AN ORDER of this Honourable Court relisting this suit struck out on the 4 th day
of March, 2015.
3. AND for such further orders or other orders as this Honourable Court may deem
fit to make in the circumstances.
Dated this ………….. day of …………………………. 2015.
Ikenna Oforma Esq.
Oforma Ikenna & Associates
Petitioner/Applicant’s Counsel
Plot 15/17, Olubaka Street,
Off Comfort Oboh,
Kirikiri Industrial Estate,
Kirikiri Town,
Lagos.
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: LD/849HD/14
BETWEEN
CHRISTOPHER ONYEKAOZURU NWOKORIE ………… PETITIONER/APPLICANT
AND
EUNICE NDIDIAMAKA NWOKORIE ……………. RESPONDENT
AFFIDAVIT IN SUPPORT OF MOTION TO RELIST
I, ANDREA ONUIGBO, Female, Christian, Nigerian citizen, Legal Practitioner of Plot
15/17, Olubaka Street, Off Comfort Oboh, Kirikiri Industrial Estate, Kirikiri Town, Lagos
do hereby make Oath and state as follows;
1. That I am the above named person and the deponent herein.
2. That I am a Legal Practitioner in the law firm of OFORMA IKENNA & ASSOCIATES
counsel to the Plaintiff/Applicant and by virtue of this position I am conversant
with the facts deposed herein.
3. That I have the consent of the Petitioner/Applicant and my employer to depose
to the facts contained herein.
4. That the Petitioner’s Notice of petition dated 28th October, 2015 was filed same
date at the Lagos Judicial Division of this Honourable Court.
5. That I made arrangements with a sheriff of this honourable Court to effect
service of the petition on the Respondent immediately after filing.
6. That owing to my health challenges that required adequate medical attention, I
could not follow up to ensure service of the Petition on the Respondent, neither
was I aware of the assignment of this suit to this Honourable Court.
7. That the petitioner was also at the time outside the jurisdiction of this
Honourable Court.
8. That upon my recovery, I took prompt steps to ascertain the position of this
matter wherein I discovered that the matter was struck out on the 4th day of
March, 2015 in view of my continuous absence in Court and that of the
Petitioner.
9. That our failure to appear in Court was due to circumstances beyond our
control.
10. That our failure to appear in court was not borne out of disrespect for this
Honourable Court.
11. That the Petitioner/Applicant is ready and willing to prosecute this suit
diligently.
12. That this application will not be prejudicial in any way whatsoever to the
respondent.
13. That it is in the interest of justice that this application is granted.
14. That I make these declarations in good faith and in accordance with the Oaths
Laws of Lagos State.
_________________________
DEPONENT
Sworn to at the High Court Registry,
Lagos.
This ____________ day of __________________ 2015.
BEFORE ME
COMMISSIONER FOR OATHS
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: LD/849HD/14
BETWEEN
CHRISTOPHER ONYEKAOZURU NWOKORIE ………… PETITIONER/APPLICANT
AND
EUNICE NDIDIAMAKA NWOKORIE ……………. RESPONDENT
WRITTEN ADDRESS IN SUPPORT OF MOTION ON NOTICE
1.0 INTRODUCTION
1.1 This written address is in support of the Petitioner/Applicant’s motion to relist
dated 18th day of March, 2015. The orders sought are as contained on the motion
paper. It is supported by a fourteen (14) paragraph affidavit deposed to by one
Andrea Onuigbo, Legal practitioner in the law firm of OFORMA IKENNA &
ASSOCIATES, counsel to the Petitioner/Applicant and we place reliance on all the
depositions therein.
2.0 BACKGROUND FACTS
2.1 The facts that gave rise to this application are as contained in the affidavit in
support of the motion on notice.
3.0 ISSUES FOR DETERMINATION
The sole issue for determination as formulated by the Applicant is;
“Whether this Honourable Court ought to grant this application in view of the
circumstances of this suit.”
4.0 ARGUMENT
4.1 It is our humble submission that this Honourable Court has inherent powers to
grant this application by virtue of Order 30 Rule 1 of the High Court of Lagos
State (Civil Procedure) Rules 2012. However such powers are not exercised in
vacuum but must be exercised judicially and judiciously, in view of the peculiar
circumstances of each suit.
4.2 In the case of Dangardi v. Jubril (1997) 4 NWLR (Pt. 501) pg. The Court laid
down the factors to be considered in the grant of an application to re-list, which
includes;
a. the reason for the Applicant’s failure to appear in court.
b. whether there has been delay in making the application so as to prejudice
the Respondent.
c. whether the Respondent would be prejudiced or embarrassed by the
grant of the application.
4.3 In the case of Noah vs. Noah (2007) 4 NWLR (pt. 1024) 323, Ngwata JCA at
pp338H – 339A held thus:
“What constitute undue delay must necessarily vary from case to case and cannot
be determined in isolation of the facts averred in the supporting affidavit.”
4.4 In the prayer for re-listing of a matter, it calls for the discretion of the Court. The
Court in exercising its discretion has to consider the strength of the affidavit in
evidence placed before the Honourable Court and satisfy itself that based on the
facts placed before it, that the application is one which deserves the discretion of
the Court to be exercised in the Applicant’s favour. We humbly refer your
Lordship to the case of NNSC v. Establishment Sima of Vaduz (1990) 7 NWLR
(PT.164) SC 530.
4.5 It is our humble submission that in view of the facts contained in the affidavit in
support of this application, that this Honourable Court ought to grant this
application as the absence of the Applicant in Court was necessitated by
circumstances beyond his control and not out of disrespect for this Honourable
Court and the Applicant have not exercised undue delay in bringing this
application neither will the Respondent be prejudiced by its grant.
5.0 CONCLUSION
5.1 We respectfully urge your Lordship in the interest of justice to grant this
application and have this suit re-enlisted.
We are most obliged
LIST OF AUTHORITIES
1. Order 30 Rule 1 of the High Court of Lagos State (Civil Procedure) Rules 2012.
2. Dangardi v. Jubril (1997) 4 NWLR (Pt. 501) pg.
3. Noah vs. Noah (2007) 4 NWLR (pt. 1024) 323.
4. NNSC v. Establishment Sima of Vaduz (1990) 7 NWLR (PT.164) SC 530.
Dated this __________ day of __________________________ 2015.
Ikenna Oforma Esq.,
OFORMA IKENNA & ASSOCIATES,
Petitioner/Applicant’s Counsel
Plot 15 / 17 Olubaka Street,
Off Comfort Oboh,
Kirikiri Industrial Estate,
Kirikiri Town,
Lagos.
