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    Talubu V Olanipekun Motion For Substituted Service

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    Ilodigwe Nnamdi
    1) Mr. Luqman Ayodele Talubi and Mrs. Abimbola Yetunde Talubi are claimants seeking an order for substituted service against Mr. Abdulraheem Olaniyi Olanipekun, who is the defendant and respondent. 2) The claimants' counsel filed a motion ex-parte seeking an order from the court to allow substituted service by pasting court processes on the defendant's last known address, since several attempts at personal service had failed. 3) An affidavit from the bailiff described attempts to personally serve the defendant at two different addresses on multiple dates, but stated he was not available to receive the processes, making personal service impossible. The

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    Talubu V Olanipekun Motion For Substituted Service

    Uploaded by

    Ilodigwe Nnamdi
    50 views5 pages
    1) Mr. Luqman Ayodele Talubi and Mrs. Abimbola Yetunde Talubi are claimants seeking an order for substituted service against Mr. Abdulraheem Olaniyi Olanipekun, who is the defendant and respondent. 2) The claimants' counsel filed a motion ex-parte seeking an order from the court to allow substituted service by pasting court processes on the defendant's last known address, since several attempts at personal service had failed. 3) An affidavit from the bailiff described attempts to personally serve the defendant at two different addresses on multiple dates, but stated he was not available to receive the processes, making personal service impossible. The

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    Talubu v Olanipekun Motion for Substituted Service

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    1) Mr. Luqman Ayodele Talubi and Mrs. Abimbola Yetunde Talubi are claimants seeking an order for substituted service against Mr. Abdulraheem Olaniyi Olanipekun, who is the defendant and respondent. 2) The claimants' counsel filed a motion ex-parte seeking an order from the court to allow substituted service by pasting court processes on the defendant's last known address, since several attempts at personal service had failed. 3) An affidavit from the bailiff described attempts to personally serve the defendant at two different addresses on multiple dates, but stated he was not available to receive the processes, making personal service impossible. The

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    50 views5 pages

    Talubu V Olanipekun Motion For Substituted Service

    Uploaded by

    Ilodigwe Nnamdi
    1) Mr. Luqman Ayodele Talubi and Mrs. Abimbola Yetunde Talubi are claimants seeking an order for substituted service against Mr. Abdulraheem Olaniyi Olanipekun, who is the defendant and respondent. 2) The claimants' counsel filed a motion ex-parte seeking an order from the court to allow substituted service by pasting court processes on the defendant's last known address, since several attempts at personal service had failed. 3) An affidavit from the bailiff described attempts to personally serve the defendant at two different addresses on multiple dates, but stated he was not available to receive the processes, making personal service impossible. The

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    IN THE MAGISTRATE COURT OF LAGOS

    IN THE IKEJA MAGISTERIAL DISTRICT


    HOLDEN AT IKEJA
    SUIT NO: MCIK/4144/CIV/23
    BETWEEN
    1. MR. LUQMAN AYODELE TALUBI
    2. MRS. ABIMBOLA YETUNDE TALUBI CLAIMANT/APPLICANT
    AND
    MR. ABDULRAHEEM OLANIYI OLANIPEKUN DEFENDANTRESPONDENT

    MOTION EX-PARTE
    BROUGHT PURSUANT TO ORDER 5 RULE 5 (2) OF THE
    MAGISTRATE COURT (CIVIL PROCEDURE) RULES 2009 OF
    LAGOS STATE AND UNDER THE INHERENT JURISDICTION OF
    THIS HONOURABLE COURT
    Take Notice that the Honourable Court will be moved on the ………. Day of
    ………… 2023 at the Hour of 9 O’clock in the forenoon or so soon thereafter as
    Counsel shall be heard on behalf of the Claimant/Applicant praying the
    Court for the following:

    1. An Order for Substituted Service of the Originating Summons and all


    other accompanying processes and subsequent processes in this suit on
    the last known address of the defendant at No. 65, Foresythe Street,
    Lagos Island Lagos State.
    2. And such Further Orders as this Court may deem fit to make in the
    circumstance.

    Dated this …………… day of ……………………. 2023.

    ……………………………….
    Ilodigwe Victor Nnamdi.
    Claimant/Applicant’s Counsel
    ‘akinlawon & ajomo’
    2nd Floor, Doreona Plaza
    No. 12, Odunlami Street,
    Anthony Village, Lagos State
    08039446284

    IN THE MAGISTRATE COURT OF LAGOS


    IN THE IKEJA MAGISTERIAL DISTRICT
    HOLDEN AT IKEJA
    SUIT NO: MCIK/4144/CIV/23
    BETWEEN
    1. MR. LUQMAN AYODELE TALUBI
    2. MRS. ABIMBOLA YETUNDE TALUBI CLAIMANT/APPLICANT
    AND
    MR. ABDULRAHEEM OLANIYI OLANIPEKUN DEFENDANTRESPONDENT

    AFFIDAVIT IN SUPPORT OF MOTION EXPARTE


    I, Oyeniyi Folake Female, Nigerian and Sherriff of the Magistrate Court of
    Lagos State do hereby make Oath and state as follows:

    1. I am a Sherrif of the Magistrate Court of Lagos State, and by virtue of my


    position, I am familiar with the facts deposed to herein.
    2. I have the authority of the Claimants/Applicants to depose to this
    Affidavit.
    3. On the 26th and 27th of October 2023, I tried to effect personal service of the
    Originating Summons and other accompanying processes on the
    Defendant at his last known address at No. 27 Shobowale Street, Elesin
    Ikorodu, Lagos State, the Defendant was not available to receive the
    proces. Affidavit of Non-Service is hereby attached and marked Exhibit 1
    4. I believe that personal service of the processes on the Defendant is
    impossible.
    5. I swear to this affidavit conscientiously and in good faith, believing same
    to be true and in accordance with the Oaths Act.
    ………………………
    DEPONENT
    Sworn to at the Magistrate Court Registry Ikeja.
    this ……………. day of ……………………… 2023.

    BEFORE ME

    ………………………………………………..
    COMMISSIONER FOR OATHS

    IN THE MAGISTRATE COURT OF LAGOS


    IN THE IKEJA MAGISTERIAL DISTRICT
    HOLDEN AT IKEJA
    SUIT NO: MCIK/4144/CIV/23
    BETWEEN
    1. MR. LUQMAN AYODELE TALUBI
    2. MRS. ABIMBOLA YETUNDE TALUBI CLAIMANT/APPLICANT
    AND
    MR. ABDULRAHEEM OLANIYI OLANIPEKUN DEFENDANTRESPONDENT

    WRITTEN ADDRESS
    1.0 INTRODUCTION

    1.1 This is an Ex-parte Application brought pursuant to Order 9 Rule 5 (1)


    & (2) of the High Court of Lagos (Civil Procedure) Rules 2019, and
    under the inherent jurisdiction of this Honourable Court.

    1. 1.2 The Application is praying the Court for an Order for Substituted
    Service of the Originating Summons and all other accompanying
    processes and subsequent processes in this suit by pasting same on the
    last known address of the defendant at No. 65, Forsythe Street, Lagos
    Island Lagos State.
    2.0 BRIEF STATEMENT OF FACTS

    2.1 On the 20th, 28th, and 16th of July, September, and October 2023
    respectively, the Sherriff tried to effect personal service of the
    Originating Summons and other accompanying processes on the
    Defendant at his usual address at No. 65, Forsythe Street, Lagos Island
    Lagos State, but the defendant was not available to receive the process.

    3.0 ISSUES FOR DETERMINATION

    Whether the court ought to grant the prayers sought by the


    Claimant/Applicant.

    5.0 ARGUMENTS
    5.1 By the provision of Order 9 Rule 5 of the High Court of Lagos (Civil
    Procedure) Rules 2019 the Court has very wide powers to order
    substituted service once it is satisfied that prompt personal service of an
    Originating Process cannot be carried out.
    5.2 In the Affidavit in Support of the Application, the Bailiff of this Court
    charged with the service of the Originating Summons and
    accompanying processes in this Suit narrated the fact that all efforts
    made to effect personal service of the said processes on the Defendant
    proved abortive.
    5.3 According to the Supreme Court in Oluwarotimi Odunayo Akeredolu
    v. Dr Olusegun Michael Abraham & Ors (2018) LPELR-44067 (SC):

    … the essence of substituted service is to convey to the relevant party


    the notice of the pending case in which he is involved and the date he is
    required to appear in Court, since it is difficult to serve him through
    formal service.

    4.4 The Court of Appeal in MADALLA v. GUSAU (2014) LPELR-22899


    (CA) also had this to say:

    "The term 'substituted service' is not confined to a specific mode of service


    but may take any form whereby in the particular circumstances the issue of
    the process can be appropriately brought to the notice of the defendant.

    4.5 Thus, in the circumstance wherein evidence has been led to show that
    all efforts to effect personal service has proved abortive, and based on
    the peculiarities of the instant suit it appears the most effective means of
    substituted service is by pasting same, we thus urge the court to permit
    the Claimant/Applicant to serve the Originating Summons and all
    other accompanying processes and subsequent processes in this suit on
    the Defendant by pasting same on the property.

    5.0 CONCLUSION
    We therefore urge the Court to grant this Application

    Dated this …………… day of ……………………. 2023.

    ……………………………….
    Ilodigwe Victor Nnamdi
    Claimant/Applicant’s Counsel
    ‘akinlawon & ajomo’
    2nd Floor, Doreona Plaza
    No. 12, Odunlami Street,
    Anthony Village, Lagos State
    08039446284
    Email: ilodigwen@gmail.com

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