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This document is an affidavit in support of a motion filed in the High Court of Ondo State regarding a civil suit between Mrs. Abiodun Nnenna Tessy and Mrs. Amudipe. The affidavit outlines the challenges faced in serving the defendants with the originating process due to the first defendant's unavailability in Nigeria and requests permission for substituted service. The deponent asserts that serving the documents at the business address of the defendants will ensure they are informed of the suit without causing them prejudice.

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Joseph Elvis
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7 views

document (1) (11)

This document is an affidavit in support of a motion filed in the High Court of Ondo State regarding a civil suit between Mrs. Abiodun Nnenna Tessy and Mrs. Amudipe. The affidavit outlines the challenges faced in serving the defendants with the originating process due to the first defendant's unavailability in Nigeria and requests permission for substituted service. The deponent asserts that serving the documents at the business address of the defendants will ensure they are informed of the suit without causing them prejudice.

Uploaded by

Joseph Elvis
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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HCAK/63/CIV/2024 Page 1 of 3

IN THE HIGH COURT OF ONDO STATE OF NIGERIA


IN THE AKURE JUDICIAL DIVISION
SITTING AT AKURE

SUIT NO: HC/AK/63/CIV/2024


BETWEEN:
1. MRS. ABIODUN NNENA TESSY ..........CLAIMANTS/APPLICANTS
2. MR. BABAFEMI OLATUNJI AYODEJI
AND

1. MRS AMUDIPE (Sued for herself and on behalf of the


Estate of Late High Chief Olugbenga W. Amudipe) …DEFENDANTS/RESPONDENTS
2. KALLYWESCO NIGERIA LTD

AFFIDAVIT IN SUPPORT OF MOTION

I, Ajayi Opemipo, Female, Litigation Secretary, Nigerian of 38, Hospital Road, Akure, Ondo
State hereby makes oath and say as follows:
1. That I am the deponent herein.
2. That I am a litigation secretary in the firm of Kehinde Ojo & Associates; solicitors to
the claimants/applicants in the suit herein.
3. That by virtue of my position, I am aware of the facts and circumstances of this case.
4. That I have the consent of the applicant and that of my chambers to depose to this
affidavit.
5. That the 1st claimant/applicant Mrs Abiodun Nnenna Tessy informed me on 23rd day
of January, 2025 in our chambers at Kehinde Ojo & Associates, No 38, Hospital
Road, Akure at 10:00 am during a briefing with my boss- Mr Kehinde Ojo and I verily
believe her as follows that:
a) That a Writ of Summons and all other accompanying processes were filed
in this suit by the Claimants/Applicants.
b) As a result of the fact that the 1st defendant is not available and could not be
served with the originating process personally; an application for substituted
service of the process on the defendants was filed by our firm on behalf of
27 day of January 2025
the claimants/applicants.
c) The application for substituted service filed on behalf of the
claimants/applicants on 21st October, 2024 have not been argued before this

MRS ABIODUN NNENA TESSY vs MRS AMUDIPE & ANOR


HCAK/63/CIV/2024 Page 2 of 3
court and same is still pending in the court’s file; so as to be able to serve
the defendants through substituted means.
d) While Mr Kehinde Ojo, Esq the lead counsel in this case was going through
this case file on 23rd January, 2025 for a review of the facts of the case; he
realised that the Writ of Summons filed in this case has already expired.
e) She was reliably informed by Mr Kehinde Ojo, Esq that there is need to
apply to this court for a renewal of the Writ of Summons filed in this case
before same can be served on the defendants.
6. That the 1st claimant/applicant Mrs Abiodun Nnenna Tessy further informed me on
23rd day of January, 2025 in our chambers at Kehinde Ojo & Associates, No 38,
Hospital Road, Akure at 11:00 am during a briefing with my boss- Mr Kehinde Ojo
and I verily believe her as follows that:
i. The Writ of Summons and all other accompanying process in this suit have
been filed online through the registry of this court.
ii. The 1st claimant know as a fact that the 1st defendant does not stay in Nigeria
for now as she has been switching between Nigeria and outside the country for
a while.
iii. As a result of this; it will be very impracticable for the bailiff of this court to
meet her at her home or office in order to serve her personally with the
originating process.
iv. She knows as a fact that the 1st defendant is the wife of the former Chief
Executive Officer of the 2nd defendant who is now late and by virtue of which
the 1st defendant is now in charge of affairs of the 2nd defendant.
v. If the bailiff of this court should attempt to serve the 2 nd defendant with the
originating process filed in this case; there is likelihood that the staff of the 2 nd
defendant will decline to receive it because of the absence of the 1st defendant
in Nigeria at the moment.
vi. The 1st claimant is sure that if this honourable court allows her to serve the
originating process by substituted means by pasting same at the gate of the 2nd

MRS ABIODUN NNENA TESSY vs MRS AMUDIPE & ANOR


HCAK/63/CIV/2024 Page 3 of 3
defendant being the business address of the defendants; the 1st and 2nd
defendant will become aware of this suit.
vii. She knows as a fact that there are people and workers carrying on daily
business activities at the business address of the defendants and they will bring
to the attention of the defendants the existence of processes; if the processes
are pasted at the business address.
7. That I know as a fact that if the processes are pasted at the gate of the 2nd defendant
being the business address of the defendants/respondents at No 1 Wesco Avenue,
Ilesha Express Road, Akure, Ondo State; the 1st and 2nd defendants will become aware
of this pending suit.
8. That the respondents will not be prejudiced by the grant of this application.
9. That I make this affidavit solemnly, conscientiously; believing same to be true and
correct and by virtue of the provisions of the Oath’s Law.

_________________
Deponent
Sworn at the Registry,
High Court of Justice, Akure.
This……….............day
27 day ofof……….........…....……….2025
January 2025

Before me

________________________
Commissioner for Oaths

27 day of January 2025

MRS ABIODUN NNENA TESSY vs MRS AMUDIPE & ANOR

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