Affidavit in Support of Motion For Summary Judgment

IN THE HIGH COURT OF OGUN STATE
IN THE IFO JUDICIAL DIVISION

HOLDEN AT IFO
SUIT NO………………..
BETWEEN
VINCO PHARMACEUTICALS LIMITED ……………………… CLAIMANT/APPLICANT

AND
1. TODAY'S PHARMACY & STORES LIMITED.
2. MR.BEN OLUTOYIN AJEPE ………………… DEFENDANTS/RESPONDENTS
AFFIDAVIT IN SUPPORT OF MOTION

FOR SUMMARY JUDGMENT
I, Mr. Fabian Ozioko, Male, Managing Director at 4B, Dupe Otegbola Street, Satellite
Town, Lagos, Nigerian Citizen, do hereby make oath and state as follows:
1. That I am the Managing Director of the Claimant in this suit and by virtue of
which I am conversant with the facts of this suit.
2. That I have the consent and authority of the Claimant to depose to this
statement on oath.
3. That at all material time to this suit, the Defendants are customers to the
Claimant in respect of the sales and distribution of pharmaceutical products.
4. That between September 2018 to December 2019, the Claimant supplied

the Defendants pharmaceutical products on credit sales basis worth about
N121,414,500.00 (One Hundred and Twenty One Million, Four Hundred
and Fourteen Thousand, Five Hundred Naira).
5. That trouble began when all of a sudden the Defendants' Cheques issued in
favour of the Claimant started being dishonoured at the bank for lack of
sufficient funds in the Defendants’ accounts, particularly Zenith bank cheque
dated 04/09/2019 for N50,000,000.00, Fidelity Bank cheque dated
07/09/2019 for N2,500,000.00 and Fidelity bank cheque dated 31/08/2019
for N2,500,000.00.Copies of the said dishonoured cheques are hereby
exhibited and marked Exhibit A.
6. That consequent upon paragraph 5 above, the Claimant reported the issue
of the Defendants’ dishonored cheques to the Office of the Assistant
Inspector-General of Police, FCIID Annex, Alagbon, Lagos for investigation.
7. That further to paragraph 6 above, the Defendants in a letter of undertaking

dated 08/10/2019 addressed to the AIG, admitted owing the Claimant the
sum of N46,233,000.00 (Forty Six Million, Two Hundred and Thirty Three
Naira). A copy of the said letter is hereby exhibited and marked exhibit B.
8. That consequent upon paragraph 7 above, the Defendants paid a total sum
of N3,000,000.00 (Three Million Naira) to the Claimant at the AIG office via
Zenith Bank Manager’s cheque dated 05/11/2019 for N410,000.00 (Four
Hundred and Ten Thousand Naira), Fidelity Bank Manager’s cheque dated
05/11/2019 and Zenith Bank cheque dated 22/11/19 for N2,500,000.00
(Two Million, Five Hundred Thousand Naira).
9. That further to paragraph 8 above, the Claimant in addition recovered from

the Defendants unsold goods worth about N3,205,230.00 (Three Million
Two Hundred and Five Thousand, Two Hundred and Thirty Naira).
10. That the Defendants’ current outstanding indebtedness owed to the

Claimant as of the date of filing this suit stands at N39,837,919.60 (Thirty
Nine Million, Eight Hundred and Thirty Seven Thousand, Nine Hundred and
Nineteen Naira, Sixty Kobo)representing the value of goods supplied to the
Defendants by the claimant which the former had sold and have refused,
failed and or neglected to remit the proceed to the Claimant.
11. That the Police have since concluded investigation into the complaint lodged
by the Claimant in respect of the dishonoured cheques issued by the
Defendants and the matter charged to Court.
12. That the Claimant sent to the Defendants all invoices, discount credit memos
and Credit memo to the Defendants in respect of the transaction the subject
matter of this suit. They include the following:
i. Invoice No. 003069 dated 05/09/2018

ii. Invoice No. 003290 dated 28/11/2018
iii. Invoice No. 003298 dated 29/11/2018
iv. Invoice No. 003299 dated 30/11/2018
v. Invoice No. 003583 dated 08/04/2019
vi. Invoice No. 003633 dated 08/04/2019
vii. Invoice No. 003652 dated 15/05/2019
viii. Invoice No. 003652 dated 15/05/2019
ix. Invoice No. 003667 dated 23/05/2019
x. Invoice No. 004002 dated 25/06/2019
xi. Invoice No. 0040093 dated 22/07/2019
xii. Invoice No. 0040110 dated 30/07/2019
xiii. Invoice No. 0040111 dated 30/07/2019
xiv. Invoice No. 0040158 dated 10/08/2019
xv. Invoice No. 0040212 dated 26/08/2019
xvi. Discount Credit Memo No. 003567 dated 03/04/2019
xvii. Credit Memo No. 0040108 dated 30/07/2019
xviii. Credit Memo No. 0040180 dated 26/08/2019
xix. Credit Memo No. 0040596 dated 11/12/2019
xx. Credit Memo No. 0040596 dated 11/12/2019
13. The above invoices, discount credit memos and Credit memo are hereby
exhibited and marked Exhibit C.
14. That I know as a fact that the said pharmaceutical products were duly
supplied to the Defendants/Respondents in good conditions.
15. That the Claimant/Applicant further sent a copy of its Customer’s balance
details to the Defendants/Respondents stating the credit balance due to it
which the Respondents have neither denied nor responded to. A copy of the
said Customer Balance Detail is hereby attached and marked Exhibit D.
16. That the Claimant in a bid to amicably settle this matter wrote demand
letters dated 10/03/2020 and 15/06/2020 respectively through its solicitors,
Emeka N. Anolefo& Co. to the Defendants which letter the Defendants have
willfully refused to respond to. Copies of the said letters are hereby exhibited
and marked Exhibit E.
17. That the Defendants/Respondents have no defence to this suit.
18. That I swear to this affidavit in good faith believing same to be true, correct
and in accordance with the provisions of the Oaths Law currently in force.
……………………………….
DEPONENT
Sworn to at the High Court Registry,
Ogun State this……………….day of ………………………2020
BEFORE ME
COMMISSIONER FOR OATH

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IN THE HIGH COURT OF OGUN STATE

IN THE IFO JUDICIAL DIVISION

VINCO PHARMACEUTICALS LIMITED ……………………… CLAIMANT/APPLICANT

AFFIDAVIT IN SUPPORT OF MOTION

4. That between September 2018 to December 2019, the Claimant supplied

7. That further to paragraph 6 above, the Defendants in a letter of undertaking

9. That further to paragraph 8 above, the Claimant in addition recovered from

10. That the Defendants’ current outstanding indebtedness owed to the

i. Invoice No. 003069 dated 05/09/2018

COMMISSIONER FOR OATH

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