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Motion For Substituted Service

Dr. Moses E. Ediru, the plaintiff, has filed a motion ex parte in the Federal High Court of Nigeria seeking permission to serve court documents to the defendant, Malthouse Press Limited, via courier service. The application argues that this method will ensure the defendant receives the documents and will not prejudice their case. The motion is supported by an affidavit affirming the necessity of substituted service and the interest of justice.
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0% found this document useful (0 votes)
122 views3 pages

Motion For Substituted Service

Dr. Moses E. Ediru, the plaintiff, has filed a motion ex parte in the Federal High Court of Nigeria seeking permission to serve court documents to the defendant, Malthouse Press Limited, via courier service. The application argues that this method will ensure the defendant receives the documents and will not prejudice their case. The motion is supported by an affidavit affirming the necessity of substituted service and the interest of justice.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE WARRI DIVISION


HOLDEN AT WARRI

SUIT NO:………………………
BETWEEN
DR. MOSES E. EDIRU……………………..…….PLAINTIFF/APPLICANT
AND
MALTHOUSE PRESS LIMITTED ......…….DEFENDANT/RESPONDENT

MOTION EXPARTE
BROUGHT PURSUANT TO ORDER 6 RULES 5, 13 AND 14 OF THE
FEDERAL HIGH COURT CIVIL PROCEDURE RULES RULES AND
UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE
COURT.

TAKE NOTICE that Honourable Court will be moved on……….. the


……………. day of …………… 2025 at the hour of 9’O Clock in the forenoon or
so soon thereafter as Counsel may be heard on behalf of the Applicant herein
praying this Honourable Court for the following relief(s):

1. An Order of this Honourable Court granting leave to the Bailiff of this Court to serve
the Writ of summons and all other subsequent Court Processes that may emanate
from this Suit on the Defendant by substituted means, i.e. by delivering same through
courier service on the Defendant at No. 43 Onitana Street, off Stadium Hotel Road,
off Western Avenue, Lagos Mainland, Lagos State Nigeria.

2. And for such further orders or other orders this Honourable Court may deem fit to
make in this circumstance.

Dated this …………… day of ……….………….…. 2025

____________________
A. O. ERAVAMA ESQ.
Whose address for service is:
ERAVAMA & CO.
NUT Road,
Abraka, Delta State
07066950802
[email protected]
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE WARRI DIVISION
HOLDEN AT WARRI

SUIT NO:………………………
BETWEEN
DR. MOSES E. EDIRU…………………………………...... PLAINTIFF
AND
MALTHOUSE PRESS LIMITTED ......………………..... DEFENDANT

AFFIDAVIT I SUPPORT OF MOTION EXPARTE


I DR. MOSES E. EDIRU male, Adult, Christian, a Legal Practitioner, a Nigerian
citizen residing in Abraka, Delta State make oath and state as follows:

1. That I am the plaintiff in this case and therefore very conversant with the
facts of this case.
2. That I know that one way of bringing the Writ of Summons and all other
subsequent Court Processes that may emanate from this suit to the knowledge
and/or notice of the Defendant/Respondent is by substituted service/means.
3. That to serve by substituted means, the leave of this Honourable Court is
required.
4. That I know as fact that if the Writ of summons and all other subsequent court
processes are served by delivering same through courier service on the
Defendant/Respondent at their office, at No. 43 Onitana Street, off Stadium
Hotel Road, off Western Avenue, Lagos Mainland, Lagos State Nigeria, the
Writ of Summons and all other subsequent processes emanating from this suit
will get to the attention of the Defendant/Respondent.
5. That this application will not in any way prejudice the Defendant as same is
brought in the interest of Justice.
6. I, DR. MOSES EDIRU do solemnly and sincerely declare that I make this
solemn declaration conscientiously believing the same to be true, and by virtue
of the provision of the Oath Act.

Dated this _________ day of _________________ 2025

…………………..
DEPONENT
SWORN to at the Federal High
Court Registry, Warri.

BEFORE ME

COMMISSIONER FOR OATHS

IN THE FEDERAL HIGH COURT OF NIGERIA


IN THE WARRI DIVISION
HOLDEN AT WARRI

SUIT NO:………………………
BETWEEN
DR. MOSES E. EDIRU……………………..…….PLAINTIFF/APPLICANT
AND
MALTHOUSE PRESS LIMITTED ......…….DEFENDANT/RESPONDENT

WRITTEN ADRESS IN SUPPORT OF MOTION EXPARTE

....................................

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