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Motion for Extension of Time

Motion for extension of time draft

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0% found this document useful (0 votes)
52 views7 pages

Motion for Extension of Time

Motion for extension of time draft

Uploaded by

christopher6312
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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GEORGE JOEL CHRISTOPHER (BU/22A/LAW/6312)

MOTION FOR EXTENSION OF TIME

CLINICAL AND MOOT COURT PRACTICE 2

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO: CV/1453/24

MOTION NO:

BETWEEN

CLEMENT IBEN …………………………………………CLAIMANT

AND

JOHN REAL ESTATE LIMITED……………………………..….…. DEFENDANT

With profound humility to this court, my name is Ayobami Ipinsagba And I humbly
announce my appearance for applicant defendant

My lord before you is a MOTION ON NOTICE

BROUGHT PURSUANT TO ORDER 49 RULE 4 OF THE HIGH COURT CIVIL


PROCEDURE RULES (2018), SECTION 6 SUB-SECTION 6(a) OF THE 1999
CONSTITUTION OF THE REPUBLIC OF NIGERIA AND UNDER THE INHERENT
JURISDICTION OF THIS HONOURABLE COURT

TAKE NOTICE that this Honourable court will be moved on the 29 th day of June 2024 at the
hour of 9’0clock in the forenoon or so soon thereafter as counsel on behalf of the Defendant may
be heard praying this Honourable Court for the following orders:

1. AN ORDER extending the time within which the Defendant/Applicant may file out of
time and serve its Memorandum of Appearance, Statement of Defense, Witness
Disposition on Oath, List of Witnesses and Documents out of time.

2. AN ORDER deeming the Defendant/Applicant’s Memorandum of Appearance,


Statement of Defense, Witness Disposition on Oath, List of Witnesses and Documents as
properly filed and served on the Claimant/Respondent, the filing fee having being paid.

3. AND for such further Order(s) this Honourable Court may deem fit to make in the
circumstance.

Dated this- 29th day of June 2024

___________________________

GEORGE JOEL ESQ


COUNSEL FOR THE DEFENDANT
Plot 638, Philip Street,
Katampe, Abuja.
08026288481, 08032204361
[email protected]

FOR SERVICE ON:


THE CLAIMANT
C/O her Counsel
Ibrahim James
Michika Street, Off Ahmadu Bello Way,
Garki, Abuja.
08062865215
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO: CV/1453/24

BETWEEN

CLEMENT IBEN………………………………………….CLAIMANT

AND

JOHN REAL ESTATE LIMITED ………………………………….…. DEFENDANT

AFFIDAVIT IN SUPPORT OF THE MOTION ON NOTICE FOR EXTENSION OF


TIME

I, SAMUEL OGUNDIPE, Male, Christian, Litigation Secretary, and Nigeria Citizen of Plot
638, Philip Street, Katampe, Abuja.do hereby make oath and state as follows:

1. That I am the litigation secretary in the law office of AYO IPINS & CO, counsel to the
Defendant/Applicant by virtue of which I am conversant with fact of this case.
2. That I have the consent of the Defendant/Applicant and my employer to depose to this
affidavit.
3. That I was informed by Ayo Ipinsagba Esq on the 27th June, 2024, at about 1:30 pm in our
office at Plot 638, Marberries Street, Katampe, Abuja of the following facts which I verily
believe her as follows;
a. The Writ of summons for this matter was served on the Defendant directly in their
office.
b. During the time of service, the Defendant was going through an internal
restructuring which affected their day-to-day affairs and due to this reason, could
not properly manage the files that had been received by them.
c. The Defendant while still settling internal conflict attended to their files
immediately and only then noticed the Writ of Summons served by the Claimant.
d. The Defendant with not much legal knowledge on the rules of Court decided to
put a rest to the issues they were facing and upon settling all severe issues, briefed
the law firm, AYO IPINS & CO n the Writ that had been received.
e. That when the processes were received by the Law firm, it was discovered that
the time to file a memorandum of appearance and file a statement of Defence had
already lapsed.
4. That the Defendant/Applicant is required under the rules of this Court to file and serve
his Statement of Defence within 21 (twenty-one) days after service of the Claimant’s
originating process, the said time which has since elapsed.
5. That the 21 days allowed to the Defendant/Applicant by the Rules of Court to file its
Statement of Defence expired on the 24th of April, 2024.
6. That the Rules of this Honourable court requires that the Defendant/Applicant obtain the
leave of this Honourable Court to enlarge time within which the Defendant/Applicant
may file and serve the Statement of Defence and all accompanying processes.
7. That the delay in so filing the Statement of Defence above referred was neither deliberate
nor done to disrespect this Honorable Court.
8. That the granting of this application will not in any way prejudice the
Claimant/Respondent.
9. That there is need for the order of this Honourable Court to regularize the late filing of
the Applicant’s Statement of Defence as having been properly filed and served in the
interest of justice.
10. That I depose to this affidavit in good faith believing same to be true and in accordance
with the Oath Act, LFN, 2004.
-----------------
DEPONENT

Sworn to at The Registry of the High Court of the Federal Capital Territory Abuja.

THIS 29th DAY OF JUNE 2024

BEFORE ME

COMMISSIONER FOR OATHS

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO: CV/1453/24

BETWEEN

CLEMENT IBEN ……………………………..………….CLAIMANT

AND

JOHN REAL ESTATE LIMITED……………………….……….…. DEFENDANT

WRITTEN ADDRESS IN SUPPORT OF MOTION ON NOTICE FOR EXTENSION OF


TIME TO FILE FINAL WRITTEN ADDRESS
1.0. INTRODUCTION
1.1. My Lord, this is a Written Address in support of the Defendant/ Applicant’s motion for
extension of time within which to file and serve it Final Written Address.

1.2. We filed a ten (10) paragraphs Affidavit deposed to by Samuel Ogundipe, the litigation
secretary in the law office of the Counsel to the Defendant/Applicant. The
Defendant/Applicant place heavy reliance on all the paragraphs of the said affidavit.

2.0 ISSUE FOR DETERMINATION


2.1 Whether the instant application is meritorious and ought to be granted.

2.2 LEGAL ARGUMENT IN RESPECT OF ISSUE FOR DETERMINATION

2.3 We submit that this Honourable Court has the power to extend time within which the
Defendant/Applicant can do any act or take any step in this proceeding as required by the
rules of this Honourable Court.

2.4 We refer the Court to the supporting affidavit deposed to by Samuel Ogundipe, and
submit that reasons have been adduced for the failure of the Applicant to file its
Statement of Defence within time as provided by the High Court Civil Procedure Rules
2018.
2.5 My Lord Sir, on whether the instant application is meritorious and ought to be granted,
we submit in the positive. My Lord, by virtue of SECTION 6 SUBSECTION 6(b) OF
THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA which
provides that the judicial powers; shall extend to all matters between persons, or between
government or authority and to any person in Nigeria, and to all actions and proceedings
relating thereto, for the determination of any question as to the civil rights and obligations
of that person; a Court may on such term as it thinks just, by order extend or oblige the
period within which a person is required or authorized by this provision to do any act or
take any proceedings,
2.6 My lord we humbly submit that this Honourable Court has the power to entertain and
even grant the instant application.

2.7 It is trite that this Honourable court can exercise its discretion to extend time within
which to take certain procedural steps, as provided by the rules of this court, Substantial
justice to the parties has always been the cardinal determining factor. See:

1 Long-John Vs Blakk (1998) 6 NWLR (Pt. 555) SC 524.


2 Nasal & Team Association Vs NNPC (1991) 8 MWLR (Pt. 212) 615
2.8 In view of the foregoing, we submit that the grant of the prayers in this motion will afford
this Honourable Court the opportunity to determine the questions of law and facts in
dispute, in this suit on the merit.

2.9 My Lord, it is our humble submission that the instant application is not prejudicial, an act
of disrespect or deliberate attempt to delay the course of justice but rather its aim to serve
the overall interest of justice between the parties involved. We urge my Lord to so hold
and resolve the lone issue for determination in favour of the Defendant/Applicant.
3.0 CONCLUSION

3.1 We submit My Lord, that the grant of this application would not by any means prejudice
the defendants, we therefore urge Your Lordship most humbly to grant same.

4.0 LIST OF AUTHORITIES

1. ORDER 49 RULE 4 OF THE HIGH COURT CIVIL PROCEDURE RULES


(2018)

5.0. LIST OF CASES

1. Long-John Vs Blakk (1998) 6 NWLR (Pt. 555) SC 524.


2. Nasal & Team Association Vs NNPC (1991) 8 MWLR (Pt. 212) 615.

Dated this 29th day of June 2024

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