Motion For Extension of Time

IN THE MAGISTRATE COURT OF LAGOS STATE
IN THE APAPA MAGISTERIAL DISTRICT

HOLDEN AT APAPA
SUIT NO.MCA/768/21
BETWEEN
CHIKA EMENIKE……………………… CLAIMANT/APPLICANT
AND
OBINWANNE NWOSU …………. DEFENDANT/ RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO THE INHERENT JURISDICTION OF THIS
HONOURABLE COURT AS PRESCRIBED BY SECTIONS 6(6)B OF THE
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS
AMENDED), ORDER 8 RULE 1, ORDER 23 RULES 2, OF THE MAGISTRATE
COURT (CIVIL AND PROCEDURES RULES, 2009
TAKE NOTICE that this Honourable Court will be moved on the ………day of
…………………2022 at the hour of 9 o’clock in the forenoon or so soon thereafter as
Counsel may be heard on behalf of the Claimant/Applicant as follows:
1. AN ORDER granting leave to the Claimant/Applicant extension of time to file and

serve his written address out of time.
2. AN ORDER deeming already filed and served written address as properly filed and
served on the Defendant in this suit.
3. And for such Orders or further orders as this Honourable Court may deem fit to make in
the circumstance.
Dated this………….day of …………………., 2022
…………………………………
………
G. E. S Igbokwe
CLAIMANTS’ COUNSEL
C/O Deft Attorneys
No. 5B Sunday Ogunyade
Street,
Behind Mobil Filling
Station,
Gbagada, Lagos State.
FOR SERVICE ON
TONY AGHOTSE & CO.
Barristers & Solicitors,
60, Church Street,
(2nd Floor) Bolade, Oshodi
Lagos State.
08028655692, 08188218984.
HOLDEN AT APAPA
SUIT NO.MCA/768/21
BETWEEN
AND
OBINWANNE NWOSU …………. DEFENDANT/RESPONDENT
AFFIDAVIT IN SUPPORT
I, Tope Oladimeji, a Female, Litigation Clerk, Christian, Nigerian Citizen of No. 5, Sunday
Ogunlade Street, Gbagada, Lagos State hereby make oath and state as follows, that:
1. I am a Litigation Clerk in EV’ANN ATTORNEYS, the Firm of legal practitioners

handling the instant case on behalf of the Claimant/Applicant.
2. By virtue of the foregoing, I am very familiar with the facts of this application.
3. I have the consent and authority of my Principal and that of the Appellant/Applicant to
swear to this affidavit.
4. Save or unless otherwise expressly stated, all the facts stated herein, are facts within my
knowledge, information and belief.
5. That this matter was commenced on 18 th June, 2021 and trial commenced subsequently
concluded sometime in October, 2021.
6. Being dissatisfied with the testimony of One Mrs. Doris Ozioma Nwosu as per her claim
in the statement on oaths dated 6 th October, 2021, the Claimant brought application dated
4th November, 2021 to reopen his case to recall witness.
7. That this Honourable court delivered its ruling on 3/03/2022 and subsequently directed
parties to file their addresses
8. That the Claimant/Applicant has filed and served his written address same is before the
court.
9. I verily believe that the Claimant/Applicant is desirous of prosecuting the instant case to
a logical conclusion.
10. I verily believe that the Defendant/Respondent will not be prejudiced in any manner if
this application is granted.
11. I verily believe that the Claimant/Applicant will be highly prejudiced if this application
is refused.
12. I verily believe that the interest of justice will be served if this application is granted.
13. I depose to this affidavit in good faith conscientiously believing the content to be true
and correct in accordance with the Oaths Act.
………………
DEPONENT
Sworn to in the Magisterial Court Registry, Apapa, Lagos.
This ……..day of…………………….2022
BEFORE ME
COMMISSIONER FOR OATHS

HOLDEN AT APAPA
SUIT NO.MCA/768/21
BETWEEN
AND
OBINWANNE NWOSU …………. DEFENDANT/ RESPONDENT .
WRITTEN SUBMISSION IN SUPPORT OF MOTION ON NOTICE DATED 25 TH

MARCH, 2022.
The application on the basis of which this submission is made is dated the 25 th March, 2022
in which the Claimant/Applicant is seeking the order of this Honourable Court for two major
reliefs viz:
i. AN ORDER granting leave to the Claimant/Applicant extension of time to file and

serve his written address out of time.
ii. AN ORDER deeming already filed and served written address as properly filed and
served on the Defendant in this suit.
In support of our application is a 13 paragraph affidavit deposed to by Tope Oladimeji, a
litigation clerk in the law office of Ev’ ANN ATTORNEYS, legal practitioners to the
Claimant/Applicant.
We shall be relying on all the paragraphs of the said affidavit especially paragraph 6-8 and
the subject matter, written address is before the court.
Issues for Determination

The one major issue for determination is:
1. Whether the Applicant nerein has shown substantial reasons for his
delay in complying with the time within which to file and serve his
written address out of time.
Legal Argument
For any application to succeed in obtaining the leave of the court for
extension of time, such application must show good grounds why the
order should be made. What was the cause of delay?
We refer the court to paragraphs 6-8 of the affidavit in support.
It is further submitted that the defendant would not be prejudiced if this

application is granted since defence written address is before the court.
CONCLUSION.
It is submitted that this honourable court has the jurisdiction to exercise
its discretion in favour of the Claimant/Applicant to permit him to file his
legal argument in this case.
It is also submitted that no miscarriage of justice would be engendered,

as the Defendant would not be prejudiced if the application is granted.
Dated this………….day of …………………., 2022
…………………………………
………
G. E. S Igbokwe
CLAIMANTS’ COUNSEL
C/O Deft Attorneys
No. 5B Sunday Ogunyade
Street,
Behind Mobil Filling
Station,
Gbagada, Lagos State.
FOR SERVICE ON
TONY AGHOTSE & CO.
Barristers & Solicitors,
60, Church Street,
(2nd Floor) Bolade, Oshodi
Lagos State.
08028655692, 08188218984.

Motion For Extension of Time

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IN THE MAGISTRATE COURT OF LAGOS STATE

IN THE APAPA MAGISTERIAL DISTRICT

1. AN ORDER granting leave to the Claimant/Applicant extension of time to file and

Dated this………….day of …………………., 2022

1. I am a Litigation Clerk in EV’ANN ATTORNEYS, the Firm of legal practitioners

This ……..day of…………………….2022

COMMISSIONER FOR OATHS

WRITTEN SUBMISSION IN SUPPORT OF MOTION ON NOTICE DATED 25 TH

i. AN ORDER granting leave to the Claimant/Applicant extension of time to file and

Issues for Determination

We refer the court to paragraphs 6-8 of the affidavit in support.

It is further submitted that the defendant would not be prejudiced if this

It is also submitted that no miscarriage of justice would be engendered,

Dated this………….day of …………………., 2022

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