A Lawyers Draft Book

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A LAWYER’S DRAFT BOOK

SIGRID .C. OKAFOR, DANIEL IDUH


O.C.SIGRID & co.
o.c.sigrid@gmail.com, iduhdaniel94@gmail.com
DISCLAIMER
The templates below are to serve as a guide to achieving the said agreement or
document you want. We shall bear no liability occurring from the use of the
available templates.
As you make use of this templates bear in mind that Nigeria has a heterogeneous
judicial system and as such each state may have a different manner of preparing a
certain type of document and the disparity in the court rules of each state.

“IF A LAW IS UNJUST, A MAN IS NOT


ONLY RIGHT TO DISOBEY, HE IS
OBLIGATED TO DO SO.”
– THOMAS JEFFERSON
AGREEMENTS

“IT IS CONTRACTS THAT MAKE OR BREAK A


COMPANY.”
-VORUN
TENACY AGREEMENT
THIS TENACY AGREEMENT is made this_________ day of _________, 2020
BETWEEN______ {LANDLORD’SNAME} ___ of ____ {ADDRESS} ________ State
(hereinafter referred to as the “landlord”) of the first part
AND
_______ {NAME OF TENANT} __ of ___ {ADDRESS} _____Ilorin, Kwara State (hereinafter
referred to as the “Tenant”) of the second part.
WHEREBY IT IS AGREED AS FOLLOW:
The LANDLORD lets and the TENANT takes from the landlord the____{PROPERTY
DESCRIPTION}_____situate, lying and being at __{ADDRESS OF PROPERTY)_____,State
together with all facilities therein for the use of the tenant at the rate
of___{RENT)______(N______,000.00) receipt of which the landlord here by acknowledges for
a period of one year (1) commencing from _________________________to
_____________________________

THE TENANT COVENANTS WITH THE LANDLORD AS FOLLOW:


1. To keep the demised premises and surrounding tidy at all times.
2. To pay for all required bills consumed in the said premises throughout the period the
tenant is in possession of the said property
3. To pay rent from time to time as the landlord is empowered under this agreement to vary
rent in respect to the premises upon a writing notice of a period of one month before the
termination of this agreement.
4. To vacate the said premises after ____________ notice from the landlord/caretaker for
failure to comply with any of the conditions and obligations contained herein or for any
reason as may be desired by the landlord and any outstanding rent advance.
5. …………….Shall be refunded to the tenant provided no damage is done to the premises
is done to the premises by the tenant who would attract repairs.
6. Not to assign, underlet or part with the possessions of the said premises or any part
thereof without written consent of the landlord/caretaker.
7. To allow the caretaker or landlord to inspect the space at any reasonable time with
prior notice of at least a _______________
8. Upon the renewal of the present tenancy agreement, the terms and conditions of this
agreement could be reviewed by the landlord.
9. If the where about of the tenant is not known and the rooms are locked any notice pasted
on the premises or rooms shall be deemed properly served on the tenant for the purpose
of any litigation or court assistance.
10. TENANT shall not be in arrears for more than one month otherwise tenancy would be
regarded as terminated.
11. Must issues a notice of not less than __month in writing to the tenant to terminate this
tenancy agreement.
THE LANDORD COVENANTS WITH THE TENANT AS FOLLOWS:
That if the tenant shall duly pay the rent hereby reserved and perform and observe his
obligations,
1. The tenant shall during the tenancy quietly enjoy the said premises without interruption
by the landlord or any other person lawfully claiming under or in trust for the landlord.
2. Must issues a notice of not less than _______month in writing to the tenant to terminate
this tenancy agreement.
3. Not to derogate from the terms of this agreement
IN WITNESS whereof, the parties have thereto set their hands and seals the day and year first
above written.
SIGNED, SEALED AND DELIVERED
BY THE WITHIN NAMED “LANDLORD”
…………………………………………………………………….
In the presence of:
Name: ____________________________________________
Address: _________________________________________
Occupation: _______________________________________
Signature: ________________________________________

SIGNED, SEALED AND DELIVERED


BY THE WITHIN NAMED “TENANT”
……………………………………………………………………
In the presence of:
Name: ________________________________________
Address: ______________________________________
Occupation: ___________________________________
Signature: _____________________________________
Phone No: _____________________________________

PREPARED BY:

SIGRID.C.OKAFOR ESQ.
LEGAL PRACTIONERS &CONSULTANT
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: ocsigrid@gmail.com

NOTE
 The covenant here should be adjusted to suite your client
POWER OF ATTORNEY
THIS DEED OF POWER OF ATTORNEY is given this _______ day of _____, _________,20___
BY ___ (NAME OF THE DONOR) ___________ OF _______ (address of the
donors)__________(HEREAFTER referred to as “the Donor”) which expression shall where the
context so admits include their heirs, assigns, executors and successors-in-title,
TO

(NAME OF THE DONEE)___OF _______ (ADREES OF THE DONEE) _______ (HEREAFTER


referred to as “the Donee”) which expression shall where the context so admits includes his heirs,
assigns and successors-in-title OF THE OTHER PART

WHEREAS:

a. (TRACE THE EVENT WHICH LEAD TO THE DRAFTING OF THIS DEED)

NOW THIS DEED WITNESSES AS FOLLOWS:

I, the Donors hereby appoint the Donee irrevocably to be my lawful Attorney in consideration of the sum
of ___ {AMOUNT PAID IF ANY) _____paid by the __________ to the ____________to perform
execute or do all or any of the following acts or things:
(1) .
I hereby ratify and confirm whatsoever the Donee shall do or propose to do pursuant to this instrument

IN WITNESS of which I have executed this Power of Attorney in the manner below the day and year
first above written

SIGNED, SEALED AND DELIVERED by the within named “Donor”

______________________________________

{NAME OF DONOR}

IN THE PRESENCE OF:

1. Name:_________________________________________________
Address: ____________________
Signature _____________________
2. Name : ______________________________________________________
Address: _________________________________________
Signature _______________________________________

PREPARED BY:
SIGRID.C.OKAFOR ESQ.
LEGAL PRACTIONERS &CONSULTANT
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: ocsigrid@gmail.com
DEED OF TRANSFER
MADE BETWEEN
(NAME)
(TRANSFEROR)
AND
(NAME)
(TRANSFEREE)
DEED OF TRANSFER OF ALL THAT PARCEL OR PIECE OF LAND/A
SHOP MEASURING_____M BY____M SITUATE, LYING AND BEING
AT OPPOSITE ___________________STATE, NIGERIA.

DATED THIS_________DAY OF___________________2019

PREPARED BY:
SIGRID.C.OKAFOR ESQ.
LEGAL PRACTIONERS &CONSULTANT
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com
THIS DEED OF TRANSFER made this ____day of_____2019 BETWEEN________
(NAME) ____ OF___ (ADRESS)_______STATE.(hereinafter referred to as “THE
TRANSFEROR” which expression shall where the contexts so admits include his heirs,
executors, administrators, assigns, personal representatives and successors – in – title or any
other person lawfully claiming through him) of the first part

AND

____ (NAME) _________ of ___________________STATE. (Hereinafter referred to as the


“THE TRANSFEREE” which expression shall where the contexts so admits include his heirs,
executors, administrators, personal representatives, and assigns) of the second part.
WHEREAS
1. By virtue of native law and custom the Transferor herein become seized and beneficial
owner of a parcel of land situate, lying and being at ____(PROPERTY
LOCATION)_________ STATE and which the transferor herein now transfer to the
Transferee herein.
2. Transferor is the beneficial owner of the parcel of land together with the development
thereon hereinafter described and intended to be transferred.
3. The Transferor has been in quiet and absolute occupation of the said land together with
the development thereon since the said conveyance.
4. The Transferor in his capacity is the only person who now has the right to grant, transfer,
alienate and convey or otherwise deal with the land has decided to transfer and convey
the same to the Transferee.
5. The Transferor has agreed to transfer the property recited in paragraph 1 above to the
transferee free from all encumbrance.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS;


In pursuance of this agreement and in consideration of the purchase price of N_______
(__________ NAIRA) only paid by the Transferee to the Transferor the receipt whereof the
transferor hereby acknowledges, the transferor hereby sell, convey and transfer to the Transferee
absolutely all that land situate, lying and being at __________________ STATE. The said
property which is now been transferred is more particularly described, demarcated and
delineated in the attached site plan.
The Transferor and his Successors – in – title hereby covenant with the transferee as follows:
1. That the transferee shall have and enjoy quiet possession of the property sold and
conveyed.
2. That the transferee shall have power to transfer, sell or dispose of that aforesaid land
sold and conveyed.
3. The Transferor shall indemnify the transferee against any defect arising out of title to the
said land which may militate against peaceful and undisturbed occupation of the said
land.
4. That the transferee shall be entitled to a refund of the purchase price and every expenses
incurred on the said land should defect in title referred to above deprive the transferee
peaceful and undisturbed enjoyment of the aforesaid land.
5. The transferor having finally divested himself of any right customary or otherwise,
which he previously exercised over the said land, hereby convey same unto the
transferee absolutely.
SCHEDULE

ALL THAT PARCEL OR PIECE OF LAND


AN___________________________________________.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal the day
and year first above written.
SIGNED, SEALED AND DELIVERED
BY THE WITHIN NAMED “TRANSFEROR”
…………………………………………………………………………………………………….
(NAME OF TRANSFEROR)
In the presence of:

1. Name: ……………………………………….
Address: ……………………………………
Occupation: ………………………………..
Signature: …………………………………

2. Name: ………………………………………
Address: ……………………………………….
Occupation: ……………………………………
Signature: ………………………………………
SIGNED, SEALED AND DELIVERED
BY THE WITHIN NAMED “TRANSFEREE”
…………………………………………………………………………………….
(NAME OF TRANSFEREE)

In the presence of:


1. Name: ………………………………………………..
Address: ………………………………………………
Occupation: …………………………………………..
Signature: …………………………………………….
2. Name: …………………………………………………
Address: ……………………………………………….
Occupation: ……………………………………………
Signature: ………………………………………………

JURAT.
The foregoing having been read to the parties and interpreted to them from English language
into Yoruba language and when they seemed perfectly to understand same they affixed their
mark/thumb impression thereto.
…………………
INTERPRETER

PREPARED BY:

SIGRID.C.OKAFOR ESQ.
LEGAL PRACTIONERS &CONSULTANT
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com
DEED OF ASSIGNMENT
MADE BETWEEN
……………………………………………….
(ASSIGNOR)

AND
………………………………………………….
(ASSIGNEE)

---------------------------------------------------------------------------------------------------
DEED OF ASSIGNMENT OF ALL THAT PARCEL OR PIECE OF LAND
MEASURING ………… SQUARE METRES WITH ALL THE
DEVELOPMENT OR BUILDING ON THE LAND LYING, BEING AND
SITUATE AT NO. …………………………………………..COVERED WITH
CERTIFICATE OF OCCUPANCY NO. …….. DATED ….TH ……., ……….

PREPARED BY:
SIGRID.C.OKAFOR ESQ.
LEGAL PRACTIONERS &CONSULTANT
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com

THIS DEED OF ASSIGNMENT is made this....... DAY OF ……………………, 2020.


BETWEEN:
……………………………..(Hereinafter referred to as "THE ASSIGNOR" which expression
shall where the context so admits include his heirs, executors, administrators, successors - in -
title, assigns and all those deriving title under him) of the one part
And
………………………………(Hereinafter referred to as "THE ASSIGNEE" which expression
shall where the context so admits include his heirs, executors, administrators, successors - in -
title, assigns and all those deriving title under him) of the other part.
WHEREAS:
1. The Assignor is the beneficial owner of all that portion or parcel of land measuring
665.50 SQUARE METRES WITH ALL THE DEVELOPMENT OR BUILDING
ON IT LYING, BEING AND SITUATE AT ………………COVERED WITH
CERTIFICATE OF OCCUPANCY NO. ………, DATED …. th MAY, 20… the
Assignor herein now transfer the land To the Assignee).
2. The Assignor have been in peaceful and undisturbed possession of the said land and
the property on it (……………………………………………apartments since the date
of transfer of same to them.
3. The Assignor is the only person lawfully entitled to alienate the said land and
property subject only to conditions prescribed in the Land Use Act, ………..
5. The Assignor voluntarily and unconditionally agrees to assign the parcel of land and
all its appurtenances to the Assignee.
6. The Assignor have not hitherto assigned, alienated or apportioned the said parcel of land
or any part thereof to any persons or to any association, society or company for or in
exchange for any consideration or otherwise.
7. The Assignor is desirous to assign to the Assignee and the Assignee is desirous to
obtain from the Assignor absolute possession and ownership of all the rights, interests,
privileges (liabilities, if any exempted), in and over the said piece with appurtenances on
it measuring……..METRES LYING, BEING AND SITUATE AT………….
COVERED WITH CERTIFICATE OF OCCUPANCY NO…......,
DATED…………….in dimension and appurtenances located thereto which is more
particularly described in the attached schedule for a consideration of N……………..
only subject to the terms, conditions and covenants appearing in this agreement.

NOW THIS DEED WITNESSETH AS FOLLOWS:-


In pursuance of this agreement and in consideration of the sum of N…………………… only
paid by the Assignee to the Assignor (the receipt of which the Assignor hereby acknowledges)
the Assignor as the beneficial owner hereby assign to the Assignee all his rights, interests and
privileges in and over the said piece of land (liabilities, if any exempted) and all the
appurtenances thereof more particularly described in the schedule below.
 The ASSIGNOR covenants with the ASSIGNEE that there are no subsisting or existing
third party rights, interest, or charges of any nature or kind on the said parcel of land
and the development thereon and the ASSIGNOR undertakes to indemnify the
ASSIGNEE should there be defect in the assignment herein assigned to the ASSIGNEE
(i.e. the ASSIGNEE herein shall be entitled to the consideration paid to the ASSIGNOR
if there is defect in title to property herein assigned).
 The ASSIGNEE shall apply for, and obtain Governor's consent in respect of this
assignment as required by law and THE ASSIGNOR shall execute and / or sign all
relevant documents in pursuance of this agreement especially necessary documents
required by any statute or law, subsidiary legislations and bye law in order to fully
confer valid title on the ASSIGNEE.
 The ASSIGNOR hereby further undertakes to obtain, sign and execute further or other
document or documents whenever necessary in favor of the ASSIGNEE and submit to
the ASSIGNEE all documents on the said parcel of land, and appurtenances thereon
which are now in his possession or custody.
 The ASSINGOR further covenants with the ASSIGNEE to keep, perform and observe
all the covenants, terms and conditions herein before appearing and to keep the
ASSIGNEE indemnified against all actions, claims and demands arising on account
thereof or any way in relation thereto.
THE SCHEDULE ABOVE REFERRED TO
ALL THAT PARCEL OR PIECE OF LAND WITH……………………… The said land is
herein assigned to the Assignee together with all the developments thereon.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
above written
JURAT.
The foregoing having been read to the parties and interpreted to them from English language
into Yoruba language and when they seemed perfectly to understand same they affixed their
mark/thumb impression thereto.
………………………..
INTERPRETER

SIGNED, SEALED AND DELIVERED


BY THE WITHIN NAMED "ASSIGNOR"
……………………………………………………..
NAME OF ASSIGNOR
In the presence of:
1. Name: …………………………………………………….
Address: …………………………………………………..
Occupation: ……………………………………………….
Signature: …………………………………………………

2. Name: …………………………………………………….
Address: …………………………………………………..
Occupation: ……………………………………………….
Signature: …………………………………………………

SIGNED, SEALED AND DELIVERED


BY THE WITHIN NAMED "ASSIGNEE"
…………………………………………

NAME OF ASSIGNEE
In the presence of:
1. Name: …………………………………………………………………..
Address: …………………………………………………………………..
Occupation: …………………………………………………………………
Signature: ………………………………………………………………………

2. Name: ……………………………………………………………………….
Address: ……………………………………………………………………….
Occupation: …………………………………………………………………….
Signature: ………………………………………………………………………

PREPARED BY:
SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com
DEED OF DEVELOPMENT OF LANDED
PROPERTY

BETWEEN

…………………………………………….

AND

………………………………………………….

PREPARED BY:

SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 0805683432
E- MAIL: o.c.sigrid@gmail.com
THIS DEED of Landed Property Development is made this ____day of___________ 202O

BETWEEN
_________________________OF_______________________________;(hereinafter
collectively referred to as the “OWNERS”) where the expression shall where the context so
admits include their respective heirs, assigns, personal representatives, Administrators and
successors-in-title by whatever name called of the first part

AND
_____________________ A company duly registered according to law in Nigeria with
registered office at _____________________ (hereinafter referred to as “the DEVELOPER”)
where the expression shall where the context so admits includes its successors-in-title, assigns
and representatives by whatever name called of the second part.

A. WHEREAS:

The owners are the beneficial owners of the landed property comprising and measuring
approximately __ x __ feet lying and being situate at _________ as fully described in schedule
attached thereto.

1. The developer as a licensed town planning consultant who engages in the development of land
was approached jointly by the representatives of the owners with expression of interest and
desire to construct the landed property described in the schedule attached hereto by erecting the
building or structures as agreed this present.

2. The developer has expressed its willingness to agree to the construction of buildings on the
above described landed property as jointly proposed by the owners subject to terms and
conditions hereinafter specified.

B. IT IS HEREBY WITHNESSETH AS FOLLOWS:

i. That the proposed construction and development shall be in line with specifications as may
have been agreed upon by the parties therein and same shall be in conformity with the town
planning and development Authorities and other relevant laws in ……….. State and the
Federal Republic of Nigeria.

ii. That the parties have mutually agreed to the construction of ………. as a whole with
appurtenances thereto.

iii. That pursuant to paragraph (ii) above, the parties herein have further agreed that (….)…..
shall be allocated to the owners while (….) ……….. shall be allocated to the developer.

iv. That the sum of ………………..proposed to be used and/or expended in the development of
landed property and other incidental expenses thereto as analyzed and well defined in the
annexed bill of quantity shall be sourced and provided by the developer and same shall form
the consideration of this Deed.

v. That the said development scheme and this present shall be in force and subsist for a period
of ……. (…..) Years which shall be effective and commence from the date of handling over
and/or delivery of the landed property to the developer by the owners.
vi. The parties herein have agreed to the preparation and endorsement of this Deed subjects to
the terms and conditions hereinafter fully stated.

C. DEVELOPER’S CONVENANTS

i. To use its best endeavors to mobilize funds/resources for the actualization of objectives of this
Deed.

ii. To ensure that the construction and development of the landed property conform with the
approved building plan in accordance with the specifications of relevant town planning
Authorities Laws in ………. State and Federal Republic of Nigeria.

iii. To ensure that the building to be constructed is strong, wind and water tight with evidence of
sufficient and quality building materials listed and installed thereon.

iv. To manage and superintend the management of the proposed ……………. with the best
management skills at its disposal within the period of subsistence of this contract.

v. To let or lease out the shops and collect rents/proceeds thereon with a view to recover the
project-money and incidental expenses thereby incurred within the stipulated period of the
contract terms hereinbefore stated..

vi. To keep both the interior and exterior parts of the shopping complex in good and tenantable
forms and to keep all installations therein in good repairs and proper working conditions
(reasonable wear and tear exempted).

vii. To pay Solicitors fees for preparation and engrossment of this Deed of contract.

viii. At the expiration or sooner determination of the terms hereby granted to peaceably yield up
possession of the properties in good repairs and tenantable conditions with all the fittings and
fixtures intact and deliver same to the OWNERS and/or their respective successors-in-title as
the case may be.

D. OWNERS’ JOINT COVENANTS

i. The Developer observing and performing the terms of the contract herein stipulated on its part
shall peaceably have and enjoy the use of the property during the said term without any
interference from the owners, their agents, Solicitors, personal representatives and/or
successors-in-title by whatever name called.

ii. In the event of demise of any owner before the expiration of this present, the rights and
liabilities as covenanted herein shall devolve and become vested in the beneficiaries of the
estate of the demised owner and nothing hereby shall disturb the effect and subsistence of this
contract.

iii. A designated bank account shall be kept in the name of the owners’ jointly/or severally where
the rental proceeds accruable to them shall be paid by the Developer to the owners.

iv. In the event of failure or omission of the Developer to comply and observe the terms and
conditions of this contract, the owners reserve the rights and shall be at liberty to repudiate this
present and call in another developer.
v. The owners shall not be liable for damages in contract or tort howsoever arising or in
connection with any transaction between the Developer; his agents, servants, workmen, assignee
and/or third party by whatever name called.

IN WITNESS WHEREOF, the parties herein have set their respective hands and seals in the
manner hereunto appearing the day and year first above written.
SCHEDULE ATTACHED THERETO.

SCHEDULE
ALL that piece and parcel of land comprising and measuring approximately __ x ___ feet with
appurtenances lying and being situate at _____________________

SIGNED, SEALDED AND DELIVERED JOINTLY BY


The within named OWNERS)
___________________________________________
In the presence of:
Name: _____________________
Address: _____________________
Occupation: _____________________
Signature: _____________________

Name: _____________________
Address: _____________________
Occupation: _____________________
Signature: _________________________
THE COMMON SEAL of the within named DEVELOPER was hereunto affixed
IN the presence of
_____________________
_____________________
DIRECTOR SECRETARY

JURAT
The foregoing has been read over and translated from English language to ………. language to
the parties by me, and when they seemed to have perfectly understood same, before affixing
their respective signatures/thumb impressions in my presence.

______________________
INTERPRETER

PREPARED BY:

SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com
DEED OF CONVEYANCE
BETWEEN

…………………………………………….
AND

……………………………………………..

CONVEYANCE OF THAT PARCEL OR


PIECE OF LAND MEASURING
_____________________ _____________________
_____________________

PREPARED
BY:

SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com

THIS DEED OF CONVEYANCE is made this ______ Day of ……………………………..


…., 2019 BETWEEN _____________________ (for himself and on behalf of _________
family) OF _____________________ (hereinafter referred to as “THE VENDOR” which
expression shall, where the context so admit, includes his heirs, executors, administrators,
assigns, personal legal representatives and successors-in-title) of the one part
AND
_____________________ ________ OF ________________________ (hereinafter referred to
as “THE PURCHASER” which expression shall, where the context so admit, includes his
heirs, executors, administrators, assigns, personal legal representatives and successors-in-title)
of the second part.

WHEREAS:
1. By virtue of native law and custom the VENDOR herein became seized and beneficial
owner of a parcel of land lying, being and situate at _____________________.
2. The VENDOR as the beneficial owner of the land is willing and/or desirous of selling
and/or Conveying a portion of the land measuring _____________________ properly and
particularly known to the VENDOR and the PURCHASER and described in the schedule
hereto (hereinafter referred to as THE LAND) to a willing PURCHASER.
3. The PURCHASER is desirous of obtaining from the VENDOR the absolute right of
ownership and/or possession of the interest, right and privileges of the VENDOR on the
aforesaid land (hereinafter referred to as “the land”).
4. The VENDOR has agreed to transfer and/or convey unto the PURCHASER the said land
free of any encumbrances.
5. The PURCHASER has agreed that no part of the land shall be used to build churches, hotel,
brothel or beer parlor either now or in the future but only for commercial purposes or
residential.
6. In pursuance of the foregoing paragraphs, the VENDOR has agreed to execute this deed of
conveyance in respect of the aforesaid land in favor of the purchaser in consideration of
money.

NOW THIS DEED WITNESSES AS FOLLOWS:


That pursuant to the foregoing having been reached between the VENDOR and the
PURCHASER and in consideration of the sum of N_____________
(_______________________) only (the receipt of which the VENDOR hereby acknowledges),
the VENDOR hereby CONVEYS the land free of all encumbrances under any law or otherwise
TO HOLD THE SAME UNTO THE USE AND BENEFITS OF THE PURCHASER.
1. The VENDOR covenants that there are no subsisting third party rights, interest or
charges of any nature or kind on the land and undertakes to indemnify the PURCHASER
against all claims, demands and cost arising from any third party either now or in future
in respect of the land.
2. The VENDOR hereby undertakes to keep, perform and observe all covenants and
conditions herein before or hereinafter appearing and to keep the PURCHASER
indemnified against all actions and claims or demands arising on account of or in
relation thereto in defect of his title to the land.
3. The VENDOR hereby covenants that he is the only person entitled to sell the said land
and hereby undertakes to refund the purchase price to the PURCHASER if there is any
defect in the title.

IN WITNESS OF WHICH the parties have interchangeably set their hands and seals the day
and year first above written.

SCHEDULE

ALL THAT PARCEL OR PIECE OF LAND MEASURING …………………………….

JURAT
The foregoing had been read over and interpreted to the Parties by me from English Language
into ……… language and they seemed perfectly to understand the same before affixing their
marks/signatures thereto in my presence.
……………………………………….
INTERPRETER

SIGNED, SEALED AND DELIVERED


By the within named "VENDOR”
……………………………………………..
In the presence of:

1. Name: ……………………………………………………
Address: …………………………………………………
Occupation: ……………………………………………..
Signature: ……………………………………….………
2. Name: ……………………………………………………
Address: …………………………………………………
Occupation: ………………………………………………
Signature: ………………………………………………..

SIGNED, SEALED AND DELIVERED


By the within named “PURCHASER”
……………………………………………….
In the presence of:

1. Name: ………………………………………………
Address: ……………………………………………
Occupation: ……………………………………….
Signature: …………………………………………
2., Name: …………………………………………….
Address: …………………………………………...
Occupation: ………………………………………..
Signature: ………………………………………….

PREPARED BY:
SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com

PARTNERSHIP AGREEMENT
THIS PARTNERSHIP AGREEMENT is made this…………..day of ……….. 20 ………

BETWEEN:

[ NAME…… ], of …………………………………….…………. (Hereinafter


“Partner”) OF THE FIRST PART
And
[…………………………….], OF ………………………………………………… (Hereinafter
“Partner”) OF THE SECOND PART
And
[…………………………………],OF………………………………………………. (Hereinafter
“Partner”) OF THE THIRD PART
And

RECITAL
The parties hereto wish:
 To enter together, into business and pursuant to the Partnership Law in force in Nigeria.

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the


mutual covenants, agreements and conditions herein contained, it is hereby covenanted, agreed
and declared by and among the Partners (as defined herein) as follows:

ARTICLE 1 - INTRODUCTION

DEFINITIONS

In this Agreement (as defined herein), unless there is something in the subject matter or context
inconsistent therewith, the following terms shall have the respective meanings ascribed below:

(a) “Accountants” means such firm of accountants as the Partners may from time to
time determine to be the accountants of the Partnership (as defined herein);

(b) “Agreement”, “this Agreement”, “hereto”, “herein”, “hereby”, “hereunder”


and similar expressions refer to this Agreement and not to any particular Article,
Section or other portion hereof, and include any and every instrument
supplemental or ancillary to or in implement hereof;

(c) “Business” means any business or businesses carried on by the Partnership as


may be deemed by the Partners to be in the best interest of the Partnership and
any other general business activities related or incidental thereto;

(d) “Effective Date” means………day of ………… 20…………;

(e) “Fiscal Year” means …………….. to …………………;


(f) “Partner” means …………………………………………………………,
“Partners” means ………………………………., and the “Partnership” means
the partnership established by this Agreement; and

(g) “Person” means any individual, firm, corporation, partnership, joint venture,
trustee or trust, government or agency thereof, unincorporated association, or
other entity and pronouns have a similarly extended meaning.

1.2 Number and Gender.


Words importing the singular include the plural and vice versa and words importing
gender include all genders.

1.3 Governing Legislation.


Except as expressly stipulated in this Agreement to the contrary, the rights and
obligations of the Partners and the administration and termination of the Partnership
shall be governed by the Partnership Law and principal law in force in ………. or any
successor legislation or other statute which may be passed to take the place of the Act or
to amend same.

ARTICLE 2 – FORMATION OF PARTNERSHIP

2.1 Establishment.
Subject to the terms and conditions hereof, the parties hereto agree to carry on the
Business in partnership

2.2 Term.
Subject to the provisions of this Agreement, the Partnership shall commence as of the
Effective Date and shall continue for a term ending on the earlier of:
(a) ……………………………………………………………….
(b) The date on which the Partnership is dissolved by operation of law.

2.3 Name.
The name of the Partnership shall be “[………………]” and/or such other name or
names as the Partners may from time to time agree upon in writing and no party shall
carry on business under such name except as a Partner of the Partnership.

2.4 Place of Business.


The Partnership's principal office and place of business (the "Office") shall be
………………………………………………………………………………The place of
business of the Partnership shall be at such place or places as the Partners shall from
time to time hereafter determine.

2.5 New Partners.


No person shall be admitted as a Partner except with the unanimous consent in writing
of all the Partners.
ARTICLE 3 - BUSINESS AND PURPOSE

3.1 The Partnership's business and purpose are to……………………….acting in


accordance with Article 3 of this Agreement, shall determine.
3.2. The Partnership shall have authority and power to engage in any other activities
necessary to conduct the business described in Article 3.1 including, by way of
illustration and not limitation; Consumer services, Trade, Fashion, General Contracting
and merchandise, and doing all things reasonably incident to the development of the
business.
ARTICLE 4- FINANCIAL MATTERS

4.1 Initial Financing Requirements.


The initial financing requirements for the start-up of the Partnership as Capital, shall be a
sum of N………………………….. (………………………………..) In the Nigerian
currency, All assets, stocks and business bank accounts of the Partnership shall be used
as collateral to secure the loan sum advanced to the Partnership, and the Creditor shall
have a lien on all the assets, stocks and business bank account of the Partnership,
provided that, upon failure on the part of the Partnership, to liquidate the advanced loan
sum, all assets, stocks and business bank accounts of the Partnership shall reverse to the
Creditor in liquidation of the advanced loan sum.

4.2 Partnership shares and capital


The Partners shall participate in the assets, liabilities, profits, and losses of the
Partnership in the equal percentages beside their respective names (their “Partnerships
Shares”):
___(…………………..)_____, …. %
___(………………..)______ ….%
____(…………..)_______, …. %
____(…………………..)___, …. %
If further capital is required to carry on the Partnership business, the Partners shall
contribute it as required in proportion to their respective Partnership Shares.
No interest accrues on a Partner’s capital contributions to the Partnership in proportion
to his Partnership Share. However, if a Partner makes an actual payment or advance for
the purpose of the Partnership beyond his Partnership Share (an “Additional Advance”),
he is entitled to a reimbursement from the Partnership on the Additional Advance until
refunded by the Partnership.

4.4 Net Profits and Losses.


Until otherwise unanimously agreed by the Partners, and subject to the provisions of this
Agreement, all profits and losses shall be equally divided among partners. Every partner
shall have a separate income account where all the profits will be credited and all losses
will be charged, and if a partner loses all his credit balance then the losses will be
charged to his capital account.

4.5 Drawings.
Except as specifically provided in this Agreement or by applicable law, no Partner, shall
have the right to withdraw his or her contributions to the capital of the Partnership.

4.6 Financial Statements.


Proper accounts shall be kept of all transactions of the Business and at the end of each
Fiscal Year or as soon thereafter as possible, a statement shall be prepared showing the
income and expenses of the Business for the past year and what belongs and is due to
each of the Partners as its share of the profits equally.

4.7 Borrowing or Encumbrance of Partnership Interest.


Neither Partner shall, without the previous consent in writing of the other, sign or
encumber its share or interest in the Partnership, borrow money on behalf of the
Business or, hire any employee or subcontractor.
4.8 Payment of Obligations.
Each of the Partners shall punctually pay and discharge its separate debts, liabilities,
obligations, duties and agreements whether at present or future and keep indemnified the
Partnership property and other Partners from all actions, proceedings, costs, claims and
demands of every nature.

4.9 Loan Clause


Where a Partner decides to take a loan from the Partnership, such loan shall be paid back
in full instalment before the end of the next fiscal year as in this Agreement.
In the event that the Partner fails to liquidate the loan sum before the end of the next
fiscal year, a grace period of 3 months may be given upon his application for such period
of grace.
Where after expiration of the grace period, the Partner fails to liquidate the loan sum;
necessary steps as unanimously agreed by the Partners will be taken in order to recover
the loan sum.

4.10 Partnership Savings Account


There shall be an account in the name of the Partnership as savings where all monies
will be kept (after profit has been shared) for the financing of the Partnership, and future
occurrences and no Partner shall make any withdrawals therefrom without prior consent
of the other Partners.

4.11 Gifts
Where gifts, such as cash or item is being advanced to the Partnership, such gift, either
cash or item, as the case may be, shall be used to finance the objectives of the
Partnership; provided that in the case of the cash, such shall be kept in the Partnership
savings account.

4.12 Indemnification
It is the duty of each partner to indemnify the other partners from all the expenses and
liabilities incurred due to any negligence or misconduct.
4.13 Salaries
Unless otherwise agreed by the Partners, no Partner shall receive any salary or other
compensation (except for reimbursement of reasonable out-of-pocket expenses incurred
on the Partnership's behalf) for services rendered to or for the Partnership.

4.14 Signatories
Each Partner shall be signatories to the account of the Partnership unless otherwise
agreed by Partners in a meeting called for that purpose.
ARTICLE 5 - MANAGEMENT

5.1 Management.
Final authority, management and control of the business and affairs of the Partnership
shall be vested in the Partners.
Each Partner shall devote to the business of the Partnership so much of his or her time as
shall in such Partner’s sole judgment be reasonably necessary for the efficient operation
of the business.

5.2 Action of the Partners.


The powers of the Partners may be exercised by resolution passed at a meeting of the
Partners or by resolution consented to by the signatures of the Partners.
5.3 Delegation of Authority.
The Partners may at any time and from time to time by resolution passed at a meeting of
the Partners delegate any power or authority relating to the management of the business
and affairs of the Partnership to any Partner and the exercise of any such authority or
authority by such Partner shall be valid and binding upon all Partners until such power or
authority has been rescinded by resolution.

5.4 Decision Making


Notwithstanding any provision in this agreement, all decisions shall be made
by…………………………… (Where such members are newly joined). This partnership
shall operate by Democratic Process which encourages Open discussion amongst the
Partners. In the light of this, each partner has an opportunity to ask questions, share
concerns and present alternatives.

5.5 Deadlock
In the event that the Partners are unable to reach a unanimous decision or where a tie
exists amongst the Partners, within 15 days, of the date such matter was first presented to
the Partnership, such dispute shall be resolved by referring same to ……………….

5.6 Place of Meeting.


Meetings of the Partners shall be held at …………………, or, at such other place as the
Partners may by unanimous agreement, determine.

5.7 Calling of Meetings.


Meetings of the Partners shall be held from time to time at such time and on such day
with notice in accordance with Article 7.2 of this Agreement.

5.8 Power of Attorney.


Each Partner grants to the other Partner for such time as he remains a Partner to this
Agreement, an irrevocable power of attorney for the purposes of filing any notices or
registrations as may be required by law in connection with the existence or carrying on
of the business of the Partnership.

5.9 Fiscal Year.


Until changed, with the unanimous approval of the Partners, the Fiscal Year shall be the
calendar year of the Partnership.

5.10 Banking Arrangements.


The Partners agree that the Partnership shall enter into banking arrangements with any
bank or banks or other financial institutions as the Partners shall agree on. All cheques,
drafts and other instruments and documents on behalf of the Partnership may be signed
by any one of the Partners alone, unless otherwise agreed among the parties. All
Partnership money shall, when received from time to time, be paid and deposited with
the bankers of the Partnership to the credit of the Partnership account.

5.11 Books and Records.


Complete and accurate books of account shall be kept at the principal place of business
of the Partnership and shall show the condition of the business and finances of the
Partnership, and each Partner shall have access to, and may inspect any part thereof.

5.12 Partnership Property.


Unless otherwise unanimously agreed by the Partners or unless registered in the name of
a trustee, all Partnership property shall be registered in the name of the Partnership in
proportion to the Capital Account of each Partner.
ARTICLE 6 - DETERMINATION OF PARTNERSHIP

6.1 General.
Except as expressly permitted in this Article 6, or as otherwise unanimously agreed to in
writing by the Partners, no Partner may sell, assign, convey, transfer, mortgage, charge
or otherwise encumber all or any part of its share or interest in the Partnership.

6.2 Dissolution.
The Partnership shall be dissolved at any time by unanimous resolution of the Partners
passed at a meeting of the Partners called for that purpose. The Partnership may also be
terminated by unanimous agreement in writing signed by all of the Partners.

6.3 Determination.
In the event of the dissolution of the Partnership, the Partnership shall terminate and a
proper accounting shall be made of the premium and income accounts of the Partnership
and the profit or losses of the Partnership to the date of dissolution by any person who is
a Professional Accountant, appointed by the Partners. The assets of the Partnership shall
be liquidated and the proceeds of such liquidation shall then be distributed as follows,
unless the Partners otherwise unanimously agree:
(a) firstly, to repay all costs, debts, expenses, liabilities and obligations of the
Partnership;
(b) secondly, to pay to each Partner his equal share of the capital; and
(c) Thirdly, to divide the surplus, if any, between the Partners in equal proportions.
In the event that such liquidation proceeds shall not be sufficient to satisfy the liabilities
of the Partnership, each of the Partners shall contribute in equal share, such further funds
as shall be necessary to satisfy in full, the liabilities of the Partnership.

6.4 Agreements with Transferees.


In the event that any Partner (in this Section 6.4 called the “Transferor”), pursuant to
the terms and conditions hereof, purports to transfer all, but not less than all, of its
interest or share in the Partnership to any Person (such Person in this Section 6.4 called
the “Transferee”), then no such transfer shall be made or shall be effective until the
Transferee enters into an agreement with the other Partner hereto whereby the
Transferee agrees to assume and be bound by all of the obligations of the Transferor and
to be subject to all of the terms and conditions of this Agreement.

6.5 Restraining Order.


In the event that any Partner shall at any time purport to transfer, charge or mortgage its
interest or share or any part thereof in the Partnership in violation of the provisions of
this Agreement, then that Partner shall, in addition to any rights and remedies which may
be available to such him, at law or in equity, be entitled to a decree or order restraining
such transfer, charge or mortgage.
ARTICLE 7 - GENERAL

7.1 Headings.
The headings of any Article, Section or part thereof are inserted for purposes of
convenience only and shall not form part hereof and shall not be considered in the
interpretation hereof.

7.2 Notices.
Any notice, demand, request, consent, agreement or approval which may or is required
to be given, pursuant to this Agreement shall be in writing and shall be sufficiently given
or made if served personally upon the party or a representative or officer of the party for
whom it is intended, or mailed by certified or registered mail, postage prepaid, or
telexed, telegraphed, or telecopy, addressed at such address to such officers as a party
may from time to time advise to the other parties by notice in writing. The date of receipt
of any such notice, demand, request, consent, agreement or approval if served personally
shall be deemed to be the date of delivery thereof, or if mailed as aforesaid, the second
business day, following the date of mailing, or if delivered via telex, telegraph, or tele
copier, the business day following transmission.

7.3 Governing Law.


The validity and interpretation of this Agreement shall be governed exclusively by the
Partnership Law of ……………… state, applicable therein.

7.4 Severability.
The invalidity or unenforceability of any particular provision of this Agreement shall not
affect any other provision hereof, but this Agreement shall be construed and enforced as
if such invalid or unenforceable provision was omitted.

7.6 Entire Agreement.


This Agreement embodies the entire and final agreement of the Partners with regard to
the Partnership and no representations, warranties, agreements, understandings, verbal or
otherwise, exist between the Partners except as herein expressly set out.

7.7 Amendments.
This Agreement shall be amended from time to time as the Partners as otherwise
unanimously agree to in writing.
No amendment, alteration, change, qualification or modification of this Agreement shall
be valid unless it is in writing and signed by each Partner hereto and any such
amendment, alteration, change, qualification or modification shall be adhered to and
have the same effect as if they had been originally embodied in and formed a part of this
Agreement.

7.8 Time.
Time is of the essence of this Agreement and of every part hereof.

7.9 Further Assurances.


The Partners hereto, and each of them, covenant and agree that each of them shall and
will, upon reasonable request of the other Partners, make, do, execute or cause to be
made, done or executed all such further and other lawful acts, deeds, things, devices and
assurances whatsoever for the better or more perfect and absolute performance of the
terms and conditions of this Agreement.

7.10 Enurement.
This Agreement and the provisions hereof shall enure to the benefit of and shall be
binding upon the parties hereto and their respective successors and permitted assigns; in
other words, this agreement shall bind and benefit the Partners and their respective heirs,
executors, administrators, personal representatives, successors, and assigns.

7.11 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be
an original and all of which taken together shall constitute one and the same agreement.

7.12 Legal title to partnership property


Legal title to the property of the Partnership shall be held in the name of
"………………………………….." or in such other name or manner as the Partners
shall determine. It is contemplated that the Partners may agree to have title to
Partnership Property taken and held in their own names or in the names of trustees or
nominees for the Partnership, but such manner of holding title shall be solely for the
convenience of the Partnership and all such property shall be treated as Partnership
Property subject to the terms of this Agreement.

7.13 Further Actions


The Partners agree that they and each of them will take whatever action or actions as are
deemed by Counsel to the Partnership to be reasonably necessary or desirable from time
to time to effectuate the provisions or intent of this Agreement, and to that end the
Partners agree that they will execute, acknowledge, seal and deliver any further
instruments or documents which may be necessary to give force and effect to this
Agreement or any of the provisions hereof, or to carry out the intent of this Agreement,
or any of the provisions hereof.

7.14 Limitation
Nothing contained in this Agreement shall be construed as requiring the commission of
any act contrary to law. If there is any conflict between any provision of this Agreement
and any statute, law, ordinance or regulation contrary to which the Partners have no legal
right to contract, the later shall prevail, but in such event the provisions of this
Agreement thus affected shall be curtailed and limited only to the extent necessary to
conform with said requirement of law. If any part, article, section, paragraph or clause of
this Agreement shall be held to be indefinite, invalid or otherwise unenforceable, the
entire Agreement shall not fail on account thereof, and the balance of the Agreement
shall continue in full force and effect.

7.16 Insurance
The Partnership shall have the right to make application for, take out and maintain in
effect, such policies of life insurance on the lives of any or all of the Partners, whenever
and in such amounts as the Partners acting in accordance with this Agreement. Each
Partner shall exert his or her best efforts and fully assist and cooperate with the
Partnership in obtaining any such policies of life insurance.

ARTICLE 8 - ARBITRATION
8.1 Any dispute between the Partners arising out of or related to this agreement and any
amendments to it, whether before or after dissolution of the Partnership, shall be referred
to and settled by a single arbitrator agreed upon by the Partners or, in default of such
agreement, to a single arbitrator appointed pursuant to the legislation governing
submissions to arbitration in Nigeria. The decision of the arbitrator is final and binding
on the Partners with no right of appeal.
IN WITNESS WHEREOF the parties hereto have duly executed this Agreement
this…………day of ………….. 20…... to be effective as of the Date mentioned above in
accordance with this Agreement.
SIGNED, SEALED AND DELIVERED

By the within named First Partner


………………………………………
MR./MRS.{NAME}
IN THE PRESENCE OF:
Name: ……………………………………………
Occupation: ……………………………………………..
Address:…………………………………………………………..
Signature: ………………………………………………..

SIGNED, SEALED AND DELIVERED


By the within named Second Partner
…………………………………………………...
MR. /MRS. {NAME}
IN THE PRESENCE OF:
NAME: ………………………………………………………
OCCUPATION: ………………………………………………
ADDRESS:……………………………………………………
SIGNATURE: ………………………………………………..

SIGNED, SEALED AND DELIVERED

By the within named Third Partner


____________________________________________
MR./MRS.{NAME}
IN THE PRESENCE OF:
NAME: ……………………………………………………………..
OCCUPATION: …………………………………………………..
ADDRESS:………………………………………………………….
SIGNATURE: ……………………………………………………….

PREPARED BY:
SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com

NOTE
1. This partnership agreement has multiple partners and should be adjusted to suit the
numbers of partners required
2. Pay attention to the interpretation section and the heading section in Article 7 and
change at will to best suit your client(s) needs and the context of the agreement.
CONFIDENTIAL INFORMATION AND NON-DISCLOSURE
AGREEMENT

This Agreement is made this …. th Day of …………. and entered into by and between
…………… (Hereinafter referred to as ABC) having offices at ………. and …………..
(Hereinafter referred to as DEF) having offices at ……………….

Subject of ABC Information: Business and technical information including but not limited to its
ideas, products, proposed products, processes, services, capabilities, and materials, or any
information which quantifies, classifies, or identifies any ideas, products, proposed products,
processes, services, capabilities and materials to be employed including
…………………………………………

Subject of DEF Information: Business and technical information including but not limited to its
ideas, products, proposed products, processes, services, capabilities, and materials, or any
information which quantifies, classifies, or identifies any ideas, products, proposed products,
processes, services, capabilities and materials to be employed including
…………………………..

PURPOSE(S) OF DISCLOSURES
 To exchange confidential information to enable the parties to discuss possible future
business collaborations relating to the aforementioned business and technology.

 The parties anticipate that technical and business information, and/or media samples,
prototype parts or other tangible embodiments of information, may be disclosed or
delivered between the parties, for the above stated Purpose(s), such information and
tangible embodiments constituting confidential information, being considered by ABC
and DEF to be proprietary (and being referred to hereinafter, collectively, as
"PROPRIETARY MATERIAL").

 Any party furnishing Proprietary Material will be referred to as a "DISCLOSING


PARTY" and a party receiving Proprietary Material will be referred to as a
"RECEIVING PARTY."

In order to provide for the protection of such Proprietary Material from unauthorized use and
disclosure, the parties hereby agree that the disclosure of such Proprietary Material between
them shall be subject to the following terms and conditions:

1. Both parties agree that all Proprietary Material which relates to the above-stated Subject(s) and
Purpose(s) and which is disclosed to the receiving party by the disclosing party, whether orally,
or in written or other tangible form, will be maintained by the receiving party in confidence,
provided, that:
a) disclosures in writing are expressly marked with a confidential or proprietary legend;
b) Oral disclosures and tangible embodiments in a form other than written are identified
as confidential or proprietary at the time of disclosure or delivery; and
c) Oral disclosures are thereafter reduced to writing and marked with a confidential or
proprietary legend, which writing is thereafter furnished to the receiving party within
thirty (30) days after the oral disclosure.
d) The receiving party may, however, in furtherance of the aforesaid Purpose(s), disclose
such Proprietary Material to its professional advisors, investment committee
participants, and those of its employees and others under its control, all of whom will be
advised of this Agreement and agree to accept the obligations there under.
e) The receiving party further agrees not to reverse engineer any tangible embodiments of
Proprietary Material furnished by the disclosing party, not to disclose any Proprietary
Material to third parties and limit circulation of the Proprietary Material to such
employees and others under its control having a direct "need to know" in connection
with the above mentioned Purpose.

2. The receiving party additionally agrees to take reasonable care to safeguard the confidential
nature of the foregoing Proprietary Material, and such reasonable care shall not be less than the
degree of care used to prevent disclosure of its own proprietary material.
a) However, the receiving party will not be liable for disclosure and use of such
Proprietary Material:
i. if the Proprietary Material is in, or becomes part of, the public domain other
than through a breach of this Agreement by the receiving party;
ii. if the Proprietary Material is disclosed to the receiving party by a third party
who is not known by the receiving party to be subject to any confidentiality
obligation;
iii. if the Proprietary Material is disclosed by the receiving party with the
disclosing party's prior written approval;
iv. If disclosure of the Proprietary Material is required by any judicial order or
decree or by any governmental law or regulation.
v. Further, with respect to such Proprietary Material provided to the receiving
party by the disclosing party, or rule of any stock exchange the receiving
party shall not be liable for disclosure and use thereof if such Proprietary
Material was of record in the files of the receiving party at the time of its
disclosure to the receiving party by the disclosing party or if such Proprietary
Material is developed by the receiving party completely independently of the
disclosing party's Proprietary Material.
3. Prior to disclosure to any third party of any Proprietary Material to which the receiving party
determines the obligations of confidentiality, non-use and non-disclosure do not apply pursuant
to this Agreement, the receiving party shall provide thirty (30) days' prior written notice to
disclosing party of the intent to disclose such Proprietary Material, stating the grounds upon
which the exception is claimed and providing documentation in support thereof. The receiving
party shall limit the scope of disclosure to only the portion of the Proprietary Material not
protected.

4. Proprietary Material identified and disclosed as provided in this Agreement shall be held in
confidence for a period of …………years from the date of disclosure. During such period, such
Proprietary Material shall be used only for the Purpose(s) stated above. Neither party acquires
any intellectual property rights under this Agreement, except the limited rights to carry out the
Purpose(s) above stated.

5. Each party understands that the other is developing and acquiring technology for its own
products, and that existing or planned technology independently developed or acquired by that
party may contain ideas and concepts similar or identical to those contained in the disclosing
party's proprietary information. The disclosing party agrees that entering this Agreement shall
not preclude the receiving party from developing or acquiring technology similar to the
disclosing party's, without obligation to the disclosing party, provided the receiving party does
not use the disclosing party's proprietary information to develop such technology.

6. All Proprietary Material received and identified in accordance with this Agreement shall remain
the property of the disclosing party and shall be returned or destroyed upon request except that
the receiving party may keep one copy of such proprietary material for its legal files which shall
remain subject hereto.

7. Nothing contained herein shall be construed as a right or license, express or implied, under any
patent or copyright, or application therefore, of either party by or to the other party.

8. Each disclosing party warrants that it has the right to make disclosures under this Agreement.
NO OTHER WARRANTIES ARE MADE BY EITHER PARTY. ALL PROPRIETARY
MATERIAL IS PROVIDED "AS IS".

9. The receiving party agrees that no technical data furnished to it by the disclosing party shall be
exported from the …………without first complying with all requirements of the concerned
rules and regulations, including the requirement for obtaining any export license, if applicable.
The receiving party shall first obtain the written consent of the disclosing party prior to
submitting any request for authority to export any such technical data.

10. This Agreement will be effective as of the date of the signature by the last party to execute this
Agreement, and may be terminated at any time upon written notice by either party;
i. Shall automatically terminate ……..years from its effective date unless terminated
sooner;
ii. Does not obligate either party to deliver a purchase order for the performance of any
service or for the supply of any article whatsoever;
iii. Does not obligate either party to perform any service or to furnish any proposal or
comments;
iv. Does not obligate either party to disclose Proprietary Material to the other; and
v. Will be binding upon the parties hereto and their successors, assignees, or personal
representatives as the case may be. Any termination of this agreement shall not relieve
the receiving party of any obligations herein incurred prior to the date of such
termination or to be performed subsequent to the date of such termination.

11. The terms and conditions herein constitute the entire agreement and understanding of the parties
and shall supersede all communications, negotiations, arrangements and agreements, either oral
or written, with respect to the subject matter hereof. No amendments to or modifications of this
Agreement shall be effective unless reduced to writing and executed by the parties hereto. The
failure of either party to enforce any term hereof shall not be deemed a waiver of any rights
contained herein.
12. This Agreement shall apply to any Proprietary Material that may have been provided to either
party prior to the effective date hereof.

13. No rights or obligations other than those expressed and recited herein are to be implied from
this Agreement. No other existing Agreement between the parties, if any, are modified or
terminated by this Agreement. No warranty or representation is made by either party hereto that
any information transmitted by it hereunder is patentable or copyrightable, or that any such
information involves concepts or embodiments that are free of infringement of other rights.
Neither party hereto shall be obligated to prosecute any such action or bring any suit against any
person not a party hereto for infringement. Neither party shall indemnify the other party hereto
for any liability resulting from infringement of patent, copyright or trademark of a third party
caused by the use of any Proprietary Material transferred pursuant to the Agreement. Neither
party hereto confers the right to the other to use in advertising, publicity, or otherwise any
trademark or trade name of the other party, nor confers any authorization to the other party to
act as an agent on its behalf for any purpose

14. This Agreement shall be governed and interpreted in accordance with the laws of the …...
without giving effect to its internal principles of conflict of law.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
duplicate.

ABC DEF

By: ……………………………. By: …………………………


(Authorized Signature) (Authorized Signature)

Name: ………………………. Name: ……………………………


Title: ………………………… Title: ……………………………..

Date: …………………………………………………………….

PREPARED BY:
SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com
HIRE PURCHASE AGREEMENT

BETWEEN

JAMES AYODEJI
(Owner)

AND

RUFAI HARUNA
(Hirer)

IN RESPECT OF ………………………………………………………………….

REGISTRATION NO:
…………………………………………………………….

ENGINE NO: ……………………………...


……………………………………….

CHASIS NO: ………………………………...


……………………………………..
PREPARED BY:
SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com

THIS AGREEMENT made on this ................ day of ….............20…

BETWEEN

…………of ……………………………… (Hereinafter called the owner) of the FIRST PART

And

………………of………………………........ (Hereinafter called the hirer) of the SECOND


PART

WHEREAS

 The hirer is desirous to purchase a motorcycle and he has approached the Owner to hire
and sell the motorcycle to him.
 The Owner after satisfying about the creditworthiness of the hirer, has requested the
hirer to purchase the motorcycle more particularly described in the Schedule hereto
(hereinafter called the said motorcycle), in order to let the same to the hirer under a hire-
purchase agreement.
 The owner has acquired the said motorcycle from the dealer for the abovementioned
purpose and in consideration of the above, the owner has agreed to give on hire to
purchase to the hirer in accordance with the terms of hire-purchase agreement.

NOW THIS HIRE PURCHASE AGREEMENT WITNESSETH AS FOLLOWS:

1. The owner shall let and the hirer shall hire the motorcycle more particularly described in
the Schedule on the following terms and conditions.
2. The hirer shall pay to the owner on the execution of the agreement for the option to
purchase herein contained the sum of................................ on a weekly basis for a period
of ……………. weeks by way of rent for the hire of the said car, the first payment to be
made on the ............. day of ......................................... 20….. and each subsequent
payment on a weekly basis until the agreement sooner expires or determined.
3. The hirer during the continuance of the hiring, will not sell, assign, pledge, mortgage,
underlet, lend or part with the possession of the said motorcycle or otherwise deal with
the said motorcycle and will not take the same out of the city of ................... without the
previous consent in writing of the owner.
4. The hirer during the continuance of the hiring shall keep the said motorcycle in good
repair condition and working order (reasonable wear and tear excepted) and will permit
the owner, his servants or agents to have access to the said motorcycle for the purpose of
inspecting the condition thereof. The hirer shall pay all license fees, road tax, fees and
duties payable in respect of the said motorcycle.
5. The hirer may at any time terminate the hiring by returning the said motorcycle at his
own cost and risk to the owner at his place of address for the time being.
6. If the hirer default in payment of any weekly sum payable hereunder for ............ days
after the same shall have become due or fail to observe the terms and conditions of this
agreement or if the hirer becomes bankrupt or a receiver is appointed for his property or
if distress or execution is levied against his property or if the hirer shall do or cause to be
done or permit or suffer any act or thing whereby the owner's rights in the said car may
be prejudiced or put in jeopardy, the owner may without prejudice to the owner's claim
for arrears of hire or damages for breach of this contract, terminate the hiring without
notice and retake possession of the said motorcycle and it shall be lawful for the owner,
his agents or servants to enter upon any premises where the said motorcycle may be and
seize and take possession thereof and on determination of the hiring as aforesaid the
hirer will remain liable for the arrears of hire, payment or for damages for breach of this
agreement and the owner may enforce such claim by action or otherwise.
7. The hirer shall use the said motorcycle for commercial purpose only and will not allow
the same to be used for private purpose.
8. The hirer has examined or has caused to be examined the said motorcycle and satisfied
himself as to its condition and running and no warranty is implied on the part of the
owner as to the quality or state of the motorcycle as to its fitness for any purpose,
whatsoever.
9. The hirer will be liable to pay all taxes, rates, levies, license fees or any other charges,
fines or imposition levied by the Government or local body or other authority in respect
of the said motorcycle and on this transaction.
10. The motorcycle shall continue to be registered in the name of the owner and the hirer
shall not affect any change to be made to the ownership until completion of installment
payment
11. The agreement is personal to the hirer and the rights of the hirer shall not be assignable
in favor of third party.
12. If the hirer shall duly perform and observe all the stipulations and conditions in this
agreement contained on his part to be performed and observed and shall pay to the
owner weekly sums by way of rent amounting together with the sum paid for the option
to purchase to the sum of N…............... and shall also pay all other sums of money
which may become payable to him by the hirer under this agreement, the hiring shall
come to an end and the said motorcycle shall become the property of the hirer and the
owner will assign and make over all his rights and interest in the same to the hirer but
until all such payments as aforesaid have been made, the said motorcycle will remain the
property of the owner.
13. Any delay, neglect, indulgence or forbearance on the part of the owner in enforcing any
terms or conditions of this agreement shall not prejudice the strict rights of the owner
hereunder.
14. In consideration of the owner letting the said motorcycle to the hirer as hereinabove, the
surety hereby guarantees the due payment of the rents and all other sums of money
which may become payable by the hirer under these presents and the performance and
observance of the said agreements and conditions by the hirer and the surety agrees that
this guarantee will not be prejudiced by the owner neglecting or for- bearing promptly to
enforce this agreement against the hirer or giving time for the payment of the rents when
due or delaying to take any steps to enforce the observance or performance of the said
agreement.
15. Any notices required to be given herein shall be given to the parties hereto in writing and
by either Registered Post Acknowledgment parties due or by hand delivery at the
addresses above mentioned or at such other addresses as the parties hereto may hereafter
substitute by notice in writing.
16. That upon the payment of the last installment the ownership of the said vehicle shall
automatically pass to the hirer and the owner shall be under obligation to effect change
of ownership and handover originals of all the motorcycle particulars.
17. It is agreed by and between the parties that this agreement shall be subject to the civil
jurisdiction of the Chief Magistrate Court of ……………...

IN WITNESS WHEREOF, the parties have hereunto set and subscribed their respective hands
on the date and year first above written.

SCHEDULE

Signed and delivered by the within named Owner: …………………………………………


In the presence of:
Names: ……………………………………………………………………………………………
Address: …………………………………………………………………………………………
Occupation: ……………………………………………………………………………………….
Signature: ……….……………………………………………………………………………….

Signed and delivered by the within named hirer: ……………………………………………


In the presence of:
Names: ……………………………………………………………………………………………
Address: …………………………………………………………………………………………
Occupation: ……………………………………………………………………………………….
Signature: ……….……………………………………………………………………………….

Signed and delivered by the within named Surety: ……………………………………………


Names: ……………………………………………………………………………………………
Address: …………………………………………………………………………………………
Occupation: ……………………………………………………………………………………….
Signature: ……….……………………………………………………………………………….

PREPARED BY:
SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com
SERVICE AGREEMENT
This Service Agreement is made on this ………. Day of ……………… 20…….
BETWEEN
…………… of ……..………………… (Hereinafter referred to as the "Client");
AND
………… of ……………… (Hereinafter referred to as the "Service Provider").
WHEREAS
a. The Client wishes to retain the services of the Service Provider and is of the opinion that
the Service Provider is qualified to provide the services stated in this agreement.
b. The Service Provider has agreed to provide the services in accordance with the terms
and conditions herein contained in this agreement.
IN CONSIDERATION of the mutual benefits, promises and obligations set forth in this
Agreement, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:
1. TERM OF AGREEMENT
This Agreement will commence on the immediate execution of the agreement and shall be
terminated upon completion of the said agreement.
2. POSITION AND SCOPE OF SERVICES
 The Client agrees to engage the services of the Service Provider as a Project Manager for
the construction of a gate house, fencing excavation of road, installation of a rolling gate
and all other works that will be carried out relating to the aforementioned on its Property
at…………………………………………
 The Service Provider agrees to provide the services as Project Managers on the said
property
3. OBLIGATIONS OF THE SERVICE PROVIDER
The Service Provider undertakes to do as follows:
 The Service Provider takes responsibility of Building the fence and, Gate house.
 The service provider shall take the obligations of all necessary works in the process of
the construction of the fence and gate house
 The service provider does excavation of road onsite
 Installing of a rolling gate to be done by service provider
 The Service Provider shall provide the services diligently and with due care.
 The duties may include such other tasks which the Parties may agree on.
 The obligations may from time to time change as agreed upon by the Parties.
4. OBLIGATIONS OF THE CLIENT
 The Client shall pay the Service Provider compensation, out of pocket expenses and all
other fees required by providing incidence receipts for expenditures incurred.
 The Client shall provide all documents, materials, work tools and equipment necessary
for performance of the services required under this Agreement.
 The Client will pay all relevant taxes required under the law.
5. WORK LOCATION AND SCHEDULE
 The Service Provider is required to work remotely or onsite.
6. COMPENSATION
 As compensation for all the services rendered by the Service Provider under this
Agreement, the Service Provider is entitled to the sum of ₦……… (…………… Naira
Only).
 Such compensation will be made in cash and shall be subject to the normal statutory
deductions made by the Client and payment will be made via Bank Transfer
 The payment/compensation for the services of the service provider shall be as follows:

i. The payment will be made in three (3) batches based on progress report.
ii. Mobilization fee of ₦700,000 (One hundred Thousand Naira) to be
disbursed before any obligations by the service provider.
iii. The Service Provider shall be entitled to be reimbursed of all incidental and
out-of-pocket expenses reasonably incurred on behalf of the Client, provided
that same have been authorized by the Client prior to being incurred and
with the provisions of appropriate receipts.
7. USE OF SUB-CONTRACTORS
 The Service Provider shall be permitted to use or hire any sub-contractor to perform any
part of the services required.
8. TERMINATION OF AGREEMENT
A. This Agreement may be terminated as follows:
 At any period after the expiration of the term of this Agreement upon the issuance of
the following period of notice in writing: 2 weeks
 By either of the Parties if the other Party commits any material breach of any terms
contained in this Agreement;
 By the Client if the Service Provider fails to provide the services required under this
Agreement;
 By either of the Parties upon the death of the other Party;
 By the Client in the event that the Service Provider engages in any act which amounts
to gross misconduct;
B. Upon termination or expiry of this Agreement, the Service Provider agrees to do the
Following:
 Immediately return or to the Client all monies, confidential information, documents,
books, materials and any other property belong to and relating to the Client which is
in the possession of the Service Provider;
 Delete any information relating to the business of the Client on any electronic
device, hard disk etc. which is in the possession of the Service Provider;
 Not disclose or use any of the Client's trade secret. The Client's shall be entitled to
seek an injunction or any other legal remedy to prevent such disclosure or use.
C. Upon termination, the Client shall pay any compensation up to the date of termination
and any fees falling due for payment for the services rendered by the Service Provider;
9. INDEMNITY
 Both Parties shall be indemnified from and against all suits, actions, damages, liabilities,
expenses of any kind what so ever which result from any act or omission of the
indemnifying Party, its employees, successors, agents and assigns which may occur in
connection with this Agreement.
10. CONFIDENTIALITY OBLIGATIONS
 The Parties acknowledge that in connection with this Agreement, they may have access
to confidential information and materials, in which case, either of the Parties may be the
receiving and disclosing Party
 The Parties hereby undertake to do the following:
i. To keep the confidential information secret at all times;
ii. not to disclose the confidential information or allow it to be disclosed in
whole or in part to any third party without the prior consent of the other
Party;
iii. To take proper and reasonable measures to ensure the confidentiality of the
confidential information
 The Parties agree to use the confidential information solely for the purpose for which the
information was provided. Except as provided herein, no Party shall at any time, during
or after the termination of this Agreement do as follows:
i. use the confidential information except as expressly authorized by the other
Party in writing;
ii. Disclose, or permit the disclosure of the confidential information except to
such authorized persons as are necessary to receive or evaluate the
confidential information;
iii. Transfer or part with possession of the whole or any part of the confidential
information.
 The Parties shall not use, disclose or permit the disclosure by any person of the
confidential information for the benefit of any third party.
 This confidential obligations apply to all confidential information whether provided to
the Parties before, on or after the date of this Agreement and the obligations of the
Parties shall continue to be in force for the following period: 5 years.
11. INTELLECTUAL PROPERTY OWNERSHIP
 All intellectual property and related materials which includes but not limited to
trademarks, trade secrets, goodwill, patents, copyrights or other materials created,
developed or produced by the Service Provider during the period of engagement with the
Client shall be the sole property of the Client and the Client shall be granted unfettered
access and use of any intellectual property created under this Agreement.
 The Service Provider may not use the intellectual property for any purpose other than the
provision of the service in connection with this Agreement.
 The Service Provider may not permit the use of the intellectual property and shall be
responsible for any damages resulting in the unauthorized use of the intellectual
property.
12. REMEDIES FOR BREACH OF CONTRACT
 It is hereby agreed that the terms of this Agreement are fundamental terms of contractual
relationship between the Parties. Accordingly, a breach of the terms of this Agreement
by the Service Provider would occasion financial and other damages and losses to the
Client.
 Upon the occurrence of a breach by Service Provider, the Client shall be indemnified of
all the loss, damages incurred by the Client and the Client shall have the right to
terminate this Agreement.
13. GOVERNING LAW
 This Agreement shall be governed and construed in accordance with the laws of the
Federal Republic of Nigeria.
14. JURISDICTION
 Both parties agree that the ……………. Courts of the Federal Republic of Nigeria shall
have the exclusive jurisdiction to settle any dispute or claim in connection with this
Agreement.
15. ENTIRE AGREEMENT
 This Agreement and any other document referred to in this Agreement, constitutes the
entire agreement between the parties and supersede any prior written or oral agreement
made between them.
16. ASSIGNMENT
 No Party shall assign any of its obligation or duties under this Agreement, without the
prior written consent of the other Party.
17. WAIVERS
 Failure to exercise any right in this Agreement shall not operate as a waiver. The right or
remedies herein provided are cumulative and not exclusive of any right or remedies
provided by law.
18. NOTICES
 All notices under this Agreement must be given in………... The notices must be
delivered personally or mailed by a certified mail to the other party at the address written
in this Agreement or that other party's attorney.
19. ENUREMENT
 This Agreement will enure the benefit of and be binding on the Parties and their
respective heirs, executors, administrators and permitted successors and assigns
20 VARIATION
 No part of this Agreement shall be varies or terminated except such variation is agree
and signed by both Parties.
21. SEVERABILITY
 Every provision in this Agreement is intended to be severable. If any provision is invalid
for any reason whatsoever, such invalidity shall not affect the validity of other clauses in
this Agreement.
22. COUNTERPARTS
 This Agreement may be executed in several counterparts, all of which constitutes a
single agreement between the Parties.
IN WITNESS WHEREOF the parties have duly executed this Agreement this day and year
first written above.
SIGNED by the within named ____________________________________
In the presence of:
Name................................................................................................................
Address.............................................................................................................
Occupation........................................................................................................
Signature..........................................................................................................

SIGNED by the within named ___________________________________


In the presence of:
Name................................................................................................................
Address.............................................................................................................
Occupation........................................................................................................
Signature..........................................................................................................

PREPARED BY:
SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com
PERSONAL LOAN AGREEMENT
This Personal Loan Agreement (“Agreement”) is made on………………..…. 20…
BETWEEN:

………………..with a Street Address of ………………, City of ………., State of …………,


Zip Code of……………….. (“Borrower”)

AND
……………., with a Street Address of ………., City of…….. State of……….. Zip Code of
……………….. (“Lender”).

HEREINAFTER, the Borrower and Lender (“Parties”) agree to the following:


1. LOAN AMOUNT. $.................... (“Loan Amount”).

2. INTEREST: The Loan Amount shall bear interest at a rate of ……………percent (…


%) compounded annually. The rate must be equal to or less than the usury rate in the
State of the Borrower.

3. PAYMENT; The Loan Amount shall be due and payable, including the principal and
any accrued interest, under the following re-payment plan:
 Weekly payment of $.......... beginning on…………, 20…. and to be paid every
seven (7) days until the balance is paid ending on …………..…, 20…...
 In the alternative a lump sum of $................ to be paid on ………., 20………...
 Other: ……………………………………………………….

4. All payments made by the Borrower are to be applied first to any accrued interest and
then to the principal balance.

5. PAYMENT INSTRUCTIONS. The Borrower shall make payment to the Lender in


under the following instruction.

6. LATE FEE. If any payment is …. day(s) late, the Lender shall Charge a late fee of
……%
 Without prejudice to the lender’s right in the above section lender may wave the
payment of a late fee.

7. SECURITY: The Loan Amount under this Agreement shall be: (check one)

- UNSECURED. There shall be NO SECURITY provided in this Agreement.


- SECURED. There shall be property described as:………………… (“Security”)
that shall transfer to the possession and ownership of the Lender IMMEDIATELY
pursuant to Section X (a) of this Agreement.

 The Security may not be sold or transferred without the Lender’s consent until
the Due Date. If Borrower breaches this provision, Lender may declare all sums
due under this Agreement immediately due and payable, unless prohibited by
applicable law.
 The Lender shall have the sole-option to accept the Security as full-payment for
the Borrowed Money without further liabilities or obligations.
 If the market value of the Security does not exceed the Borrowed Money, the
Borrower shall remain liable for the balance due while accruing interest at the
maximum rate allowed by law.

8. PREPAYMENT. The Borrower has the right to pay back the loan in-full or make
additional payments, at any time, without penalty.

9. REMEDIES: No delay or omission on part of the holder of this Agreement in


exercising any right hereunder shall operate as a waiver of any such right or of any other
right of such holder, nor shall any delay, omission or waiver on any one occasion be
deemed a bar to or waiver of the same or any other right on any future occasion. The
rights and remedies of the Lender shall be cumulative and may be pursued singly,
successively, or together, in the sole discretion of the Lender.

10. EVENTS OF ACCELERATION. The occurrence of any of the following shall


constitute an "Event of Acceleration" by the Lender under this Agreement:

a.) Borrower’s failure to pay any part of the principal or interest as and when due
under this Agreement; or
b.) Borrower’s becoming insolvent or not paying its debts as they become due.

11. ACCELERATION. Upon the occurrence of an Event of Acceleration under this


Agreement, and in addition to any other rights and remedies that Lender’s may have,
Lender shall have the right, at its sole and exclusive option, to declare all monies under
this Agreement immediately due and payable.

a.) This includes any rights of possession in relation to the Security described in
Section VII.

12. SUBORDINATION: The Borrower’s obligations under this Agreement are


subordinated to all indebtedness, if any, of the Borrower, to any unrelated third-party
lender to the extent such indebtedness is outstanding on the date of this Agreement and
such subordination is required under the loan documents providing for such
indebtedness.

13. WAIVER BY BORROWER. All parties to this Agreement, including the Borrower
and any sureties, endorsers, and guarantors hereby waive protest, presentment, notice of
dishonor, and notice of acceleration of maturity and agree to continue to remain bound
for the payment of principal, interest and all other sums due under this Agreement
notwithstanding any change or changes by way of release, surrender, exchange,
modification or substitution of any security for this Agreement or by way of any
extension or extensions of time for the payment of principal and interest; and all such
parties waive all and every kind of notice of such change or changes and agree that the
same may be made without notice or consent of any of them.
14. SUCCESSORS. This Agreement is a promise of the Borrower and shall bind
themselves including the Borrower’s successors, heirs and assigns; provided, however,
that Lender may not assign any of its rights or delegate any of its obligations hereunder
without the prior written consent of the holder of this Agreement.

15. GOVERNING LAW. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of …………………………… (“Governing
Law”).

16. EXPENSES. In the event any payment under this Agreement is not paid when due, the
Borrower agrees to pay the Lender, in addition to the principal and interest hereunder,
reasonable attorneys' fees if the Lender must hire legal counsel to assist in retrieving the
Borrower’s outstanding balance. Said attorneys’ fees shall accumulate interest starting
from the date paid. Said interest rate shall not equal the maximum usury rate in the State
of Governing Law. The Borrower may be reasonable for any other reasonable expenses
incurred by Lender in exercising any of their rights and remedies upon default

17. ADDITIONAL TERMS & CONDITION


18. ENTIRE AGREEMENT. This Agreement contains all the terms agreed to by the
Borrower and Lender relating to its subject matter including any attachments or
addendums. This Agreement replaces all previous discussions, understandings, and oral
agreements.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the undersigned
dates written below.
Borrower’s Signature: …………………………… Date ………………………….
Name: ……………………………

Lender’s Signature: ……………………………. Date: ………………………..


Name: ………………………………

Surety’s Signature: …………………………………....... Date; ………………………


Name: ……………………………………….

PREPARED BY:
SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com
CONSULTING AGREEMENT
This Consulting Agreement is made on ……… of ……. 20…. ,
By and between
…………………………of………………………, located in the Country of …………… and
…….………………………….. of ……………………….

 For the purpose of this Agreement, the party contracting to receive consulting services
shall be referred to as the "Client" and the party providing said services shall herein be
referred to as the "Consultant."
 The Consultant has a background in and is agreeable to provide consulting services to
the Client based on this background. The Client shall remain solely responsible for the
making of all decisions.
 The Client is mutually agreeable to receiving the consulting services provided by the
Consultant.
DESCRIPTION OF SERVICES
Beginning on, shall provide to the following services (collectively the "Services"):

PERFORMANCE OF SERVICES
 The exact number of hours and the manner in which the Consultant shall provide the
Services shall be determined and set by the Consultant.
 The Client however, shall rely on the Consultant to work as many hours as may be
deemed necessary and reasonable to fulfill the Consultants obligations under this
Agreement.

RETAINER
 The Client shall be responsible to pay to the Consultant a retainer for Services in the
amount of $.........................
 The retainer shall be payable in advance and due and payable upon the signing of this
Agreement, and is non-refundable.

PAYMENT
 Consultant services shall bill first to the retainer provided and upon depletion of said
retainer, the Client shall be invoiced for additional services/fees, if any.
 The Client, upon receipt of the invoice, shall make prompt and immediate payment by
way of within days after receipt of invoice.
REPRESENTATIONS
 The Consultant, and their Sub-consultants, represents that it is qualified to perform the
services and that they possess the necessary licenses and/or permits as may be required.
 The Consultant represents that all services shall be performed in a professional manner
and shall conform to all the standards of practices of similar, successfully completed
projects by other consultants within the same field.
 The Consultant agrees that if the services are not satisfactorily performed, in addition to
all of its obligations contained under this Agreement and at law, the Consultant shall re-
perform or replace unsatisfactory services at no additional expense to the Client.
 The granting of certification shall in no way waive or limit the certification obligation
required in this paragraph or lessen the liability of the Consultant to re-preform or
replace unsatisfactory services, including, but not limited to cases where the
unsatisfactory character of such work may not have been apparent or detected at the time
of such payment, inspection, review or approval.
 Nothing contained within this paragraph shall be construed or constitute a waiver or
limitation of any right or remedy, whether in equity or at law, which the Client or
Consultant may have in accordance with this Agreement or any applicable law. All
rights and remedies of the Client, despite whether under this Agreement or other
applicable law, shall be cumulative.

NEW PROJECT AND NEW PROJECT APPROVAL


 Prior to starting any new project, the Consultant shall first obtain written authorization
and consent from the Client.
 At the expiration of the initial term of this Agreement, both parties, by mutual written
consent, can renew this Agreement for a time period of days prior to the expiration of the
then current term.

INDEMNICATION BY CONSULTANT
 To the fullest extent permitted by law, the Consultant shall defend, indemnify and hold
harmless the Client, its agents, officers, departments, representatives and employees
(herein referred to collectively as "Indemnitee") from and against any and all claims,
loss, cost, damage, injury, including without limitation, injury to or death of an
employee of the Consultant or its Sub-consultants, expense and liability of every kind,
nature and description that arise out of, may pertain to or relate to the negligence,
recklessness, or willful misconduct of the Consultant, any Sub-consultant, anyone
directly or indirectly employed by the Consultant, or anyone under the control of the
Consultant (collectively known as "Liabilities"). Such obligations to defend, hold
harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities
are caused in whole or in part by the sole negligence, active negligence, or willful
misconduct of such Indemnitee, but shall apply to all other Liabilities.

 With respect to third party claims against the Consultant, the Consultant shall waive any
and all rights of any type of express or implied indemnity against the Indemnitee other
than for Liabilities that are caused in whole or in part by the sole negligence, active
negligence or willful misconduct of such Indemnitee.

PAYMENT OF TAXES AND OTHER EXPENSES


 The Contractor, at all times, shall be deemed and considered to be an independent
contractor and shall be fully responsible for the manner in which the Consultant shall
perform the services required of the Consultant by the terms, conditions and provisions
of this Agreement.
 In addition the Consultant shall be liable for their own acts and omissions and those of
its employees and its agents.
 There shall be nothing herein contained which shall be construed as creating an
employment, agency or partner relationship between the Client and Consultant.
 The terms, conditions and provisions herein contained within this Agreement referring to
direction from the Client shall be considered as providing directions as to policy and the
result of the
 Consultant's work only and not as to the means or methods to which such services are
rendered or results obtained.
 Except as herein expressly provided in this Agreement, nothing contained within this
Agreement shall operate to confer rights or benefits to or on persons not party to or
affiliated with this Agreement.
 The payment of any taxes, including any sales and use Taxes, levied upon this
Agreement, the transaction, or the services provided and/or delivered pursuant hereto,
shall be the obligation of The Consultant.

INSURANCE
 Prior to the execution of this Agreement, the Consultant, upon the request of the Client,
shall furnish satisfactory proof of insurance that they have purchased for the entire
period covered by this Agreement, as further defined below and in such form and issued
by an insurance carrier that shall be deemed satisfactory by the Client and authorized to
do business in the County and State where the Client is located.
General Liability Insurance
 The Said insurance policy shall be written on an "occurrence" basis, which shall provide
coverage for bodily injury, death, and property damage resulting from operations,
products liability, blasting, explosion, collapse of building(s) or structures, damage to
any underground structures and utilities, liability for slander, false arrest, and invasion of
privacy arising out of negligence, disclosure of confidential, intellectual or proprietary
information, personal and advertising liability, of not less than $............. general
cumulative and $...... per each occurrence, subject to a deductible of not more than
$........ payable by the Consultant.
Worker's Compensation Insurance
 The Consultant shall be required to provide full worker's compensation insurance for all
person with whom the Consultant may employ to assist in the work/services provided to
the Client by the Consultant pursuant with the "Worker's Compensation Insurance and
Safety Act," and any and all Acts amendatory or supplemental thereto. The worker's
compensation policy shall include Employer Liability Insurance with limits of not less
than $..........per each accident.
Professional Liability Insurance
 The Consultant shall provide and maintain insurance policy specific to the requirements
contained within this Agreement, with limits of not less than $1,…….. per claim with
respect to negligent acts, errors or omissions in connection with professional services to
be provided herein under this Agreement, and any deductible not to exceed $......... per
claim, with no exclusion for claims of one insured against another insured.
Insurance Terms, Conditions and Provisions
 The Client and its directors, officers, partners, representatives, employees, consultants,
Sub-consultants and agents, shall be named as additional insured's, but only with respect
to any liability arising out of such activities of the named insured, and there shall be a
waiver of subrogation as to each named and additional insured.
 Any and all policies shall apply separately to each insured against person said claim is
made or suit filed except with respect to the limits of the Client's liability.
 Any written notice of cancellation, non-renewal or for any material change in the policy
itself shall be mailed to the Client within thirty (30) days advance of the effective date of
change, non-renewal or cancellation.
 The Certificate of Insurance and Endorsements shall have clearly typed thereon the title
of the Agreement, shall clearly describe the coverage and shall contain a provision
requiring the giving of written notice as described in the above paragraph Should and an
application for extension of time be made, then the Consultant shall submit proof that
said insurance policies shall be in effect during throughout the additional requested
period of time.
 There shall be nothing contained herein that shall be construed or interpreted as a
limitation in any way to the extent to which the Consultant or any of their acceptable
Sub-consultants may be held responsible for payment of damages resulting from their
work/services.
 Should the Consultant fail to maintain the required insurance, the Client reserves the
right to take out such insurance, and deduct said amount of the premium from any such
sum that may be due and payable to the Consultant under this Agreement.

EXPENSES
The Company shall reimburse the Consultant for the following out of pocket expenses:

TERM AND TERMINATION OF AGREEMENT


 This Agreement shall immediately terminate on a date provided by the Consultant and as
required by this Agreement or from the effective date of this agreement.

SUSPENSION OF WORK
 At any time, the Client may, without cause, order the Consultant, by way providing
day’s prior written notice, to suspend, delay or interrupt work or services pursuant to this
Agreement, in whole or in part, for such periods of time as the Client, at its sole
discretion, may deem fit or necessary.
 Any such suspension shall be affected by the delivery of a written notice to the Client of
said suspension specifying the extent to which the performance of the work or services
under this Agreement is suspended, and the date upon which the suspension becomes
effective, which shall be no less than seven (7) calendar days from the date of the notice
of suspension is delivered. The suspension of work and/or services shall be treated as an
excusable delay.

TERMINATION OF AGREEMENT FOR CAUSE


 If at any time the Client believes that the Consultant may not be adequately performing
their obligations under this Agreement or may be likely to fail to complete their
work/services on time as required by this Agreement, then the Client may request from
the Consultant written assurances of performance and a written plan to correct observed
deficiencies in the Consultant's performance.
 Any failure to provide such written assurances constitutes grounds to declare a default
under this Agreement.
 The Consultant shall be deemed in default of this Agreement and the Client may, in
addition to any other legal or equitable remedies available to the Client, terminate the
Consultant's right to proceed under the Agreement, for cause, should the Consultant
commit a breach of this agreement and not cure such breach within …… (….) calendar
days of the date of notice from the client demanding such cure; or if such failure is
curable but not within the ….(….) day period required, within such period of time as is
reasonably necessary to accomplish such cure. In addition, in order for the Consultant to
avail itself of this time period in excess of ten (……….) calendar days from the date of
the notice, the Consultant must provide the Client a written plan acceptable to and by the
Client to cure said breach, and then diligently commence and continue such cure in
accordance to the written plan provided.
 In the event a termination for cause is determined to have been made wrongfully or
without cause, then the termination shall be treated as a termination for convenience, and
the Consultant shall have no greater rights than it would have had if a termination for
convenience had been effected in the first instance. No other loss, cost, damage, expense
or liability may be claimed requested or recovered.

TERMINATION FOR CONVENIENCE


 The Client may terminate performance of the Contractor's work and/or services under
the Agreement pursuant to this paragraph in whole, or in part, whenever the Client shall
determine that termination is in their best interest.
 Termination shall be effected by delivery of notice to the Consultant of termination
specifying the extent to which performance of the work and/or services under this
Agreement is terminated, and the date upon which termination becomes effective, which
shall be no less than …….. (…..) Calendar days from the date the notice of termination
is delivered.
 The Consultant shall then be entitled to recover any costs expended up to that point plus
a reasonable profit, but not other loss, damage, expense or liability may be claimed,
requested or recovered.
 Except as provided in this Agreement, in no event shall the Client be liable for any costs
incurred by or on behalf of the Consultant after the effective date of a notice of
termination.
 The termination pursuant to the provisions contained within this paragraph shall not be
construe as a waiver of any right or remedy otherwise available to the Client.

PROPRIETARY OR CONFIDENTIAL INFORMATION


 The Consultant understands and agrees that, in the performance of the services under
this agreement or in the contemplation thereof, the Consultant may have access to
private or confidential information that may be owned or controlled by the Client and
that such information may contain proprietary or confidential details and information,
the disclosure of which to third parties may cause irreparable damage to the Client.
 The Consultant agrees that all information disclosed by the Client to the Consultant shall
be held in the strictest of confidence and used only in performance of this Agreement.
 The Consultant shall exercise the same standard of care to protect such information as
any reasonable prudent consultant would use to protect their own proprietary data.
 The Client is aware that the Consultant may have access to the private confidential
information, including, but not limited to, business affairs, financial information,
personal information, and other proprietary (collectively herein referred to as
"Information") which are considered valuable, special and unique assets of the Client,
and as such required to be protected from improper disclosure.
 In consideration related to the disclosure of Information, the Consultant herein agrees
that it shall not at any time or in any manner, either directly or indirectly, use any
Information for the Consultant's own benefit, or divulge, disclose, or communicate in
any manner any Information to any third party without the prior written authorization
and consent of the Client.
 The Consultant shall protect the Information at all times and treat it as strictly
confidential. Any violation of this paragraph shall be deemed as a material violation of
this Agreement.

CONFIDENTIALITY AFTER TERMINATION


 The confidentiality provisions, terms and conditions of the herein contained Agreement
shall remain in full force and effect after the termination of this Agreement.

OWNERSHIP OF WORK PRODUCT


 At any time that this Agreement is terminated, the Consultant agrees to return to the
Client all document, drawings, photographs and any other written or graphic material,
however produced, that they may have received through the course of their work and/or
services provided, from the Client, their employees, contractors, or agents, in connection
with the performance of their services under this Agreement. All materials shall be
returned in the same condition as received.
 Any interest of the Contractor or any Sub-consultant or Subcontractors, in studies,
reports, memoranda, computational sheets or other documents prepared by the
Consultant or their Sub-consultants, or Subcontractors in connection with the work
and/or services to be performed under this Agreement, shall then become the sole
property of the Client.
 Any and all work, artwork, copies, posters, billboards, photographs, videotapes,
audiotapes, systems designs, software, reports, designs, specifications, drawings,
diagrams, surveys, source codes or any original works of authorship created by
Consultant or their Sub-consultants or Subcontractors in connection with services
performed under this Agreement shall be works for hire and all copyrights of such work
or services shall remain the property of the Client.
 However, in the event that it should be determined that any such works or services
created by the Consultant or their Sub-consultants or Subcontractors under this
Agreement are not deemed as works for hire, the Consultant hereby assigns all
copyrights to such works to the Client. The Consultant may retain and use copies of such
works for reference and as documentation of its experience and capabilities only with
prior written approval from the Client.

INTELLECTUAL PROPERTY
With respect to copyrightable works, ideas, discoveries, inventions, applications for patents, and
patents (collectively, "Intellectual Property"), the following provisions shall apply:
Client's Intellectual Property
 Interest in the Intellectual Property that may be described on the attached Exhibit A is
not subject to this Agreement.
Development of Intellectual Property
 Any improvements to Intellectual Property items not listed on Exhibit A, further
inventions or improvements, and any new items of Intellectual Property discovered or
developed by the Consultant or their Sub-consultant, if any, during the term of this
Agreement shall be the property of………..
 The Consultant shall sign all documents necessary to protect the rights of the Client in
such Intellectual Property, including the filing and/or prosecution of any applications for
copyrights or patents. Upon request, the Consultant shall sign all documents necessary to
assign the rights to such Intellectual Property to the Client.

OWNERSHIP OF SOCIAL MEDIA


 The ………………. has sole ownership over any social medial contacts, acquired before
and/or throughout the Consultant's term of service, including, but not limited to
"follower" or "friends" which may be or have been acquired through such accounts as
email addresses, blogs, Twitter, Facebook, YouTube or any other social media network,
that has been used or created on behalf of the Company.

AUDIT AND INSPECTION OF RECORDS


 The Consultant shall maintain all drawings, specifications, calculations, cost estimates,
quantity, takeoffs, cost statements with complete dates, schedules, correspondence,
memoranda, papers, writings, as well as any and all documents of any nature prepared
by or furnished to the Consultant during the course of performing the work and/or
services with respect to the provisions of this Agreement, for a period of at least three (3)
years following final completion an acceptance of this Agreement, except that all such
items pertaining to hazardous materials shall be maintained for at least thirty (30) years.
 All such records shall be available to the Client upon request at reasonable times and
places. Monthly records of Consultant's personnel costs, consultant costs, and
reimbursable expenses shall be kept on a generally recognizable accounting basis, and
shall be available to the Client upon request at any reasonable time or place.
 The Consultant shall not destroy any work records until after advising the Client and
thus allowing the Client the opportunity to accept and store the records themselves.
 The Consultant agrees to maintain and make available to the Client, during business
hours, accurate books and accounting records relative to their activities under this
Agreement.
 The Consultant shall permit the Client to audit, examine and make any copies deemed
necessary, excerpts and transcripts for such books and records, and to make audits of all
invoices, materials, payrolls, records or personnel and other data related to all other
matters covered by and under this Agreement, whether funded in whole or in part under
this Agreement.
 The Consultant shall maintain such data and records in an accessible location and
conditions for a period of not less than ………… (….) years after final payment under
this Agreement or until after the final audit has been resolved, whichever is later.
 The State of (COMPANY_STATE']) or any federal agency having an interest in the
subject of this Agreement shall have the same rights conferred upon the Client by this
paragraph.
 All rights and obligations established and executed pursuant to the paragraph shall be
specifically enforceable and survive termination of this Agreement.

DISPUTES
 In the event that any question should arise with regards to the meaning and intent of this
Agreement, the question shall, prior to any other action or legal remedy being taken, be
referred to the Client or the manager and a principal of the Consultant who shall decide
the true meaning and intent of this Agreement. Such referral may be initiated through a
written request from either party, and then a meeting between the Client and principal of
the Consultant shall take place within five (5) days of the written request.
 The Consultant shall continue their work and/or services performed throughout the
course of any and all disputes, and the Consultant's failure to continue said work and/or
services during any and all disputes shall be considered a material breach of this
Agreement, provided the Client continues to make payments to the Consultant for
undisputed work completed by the Consultant.
 The Consultant further agrees that should they stop work due to a dispute or disputes,
any and all claims, whether in law or in equity that the Consultant may have against the
Client, their officers, agents, Representatives, and employees, whether such claims are
pending, anticipated or otherwise, shall be deemed to have been waived and forever
barred.

CONFORMITY WITH LAW AND SAFETY REQUIREMENTS


 The Consultant shall observe and comply with all applicable laws, ordinances, codes and
regulations of governmental agencies, including federal, state, municipal and local
governing bodies having jurisdiction over any or all of the scope of services, including
all provisions of the:
a.
b. And all other applicable federal, state, municipal and local safety
regulations.
 The Consultant's failure to comply with any laws, ordinances, codes or regulations
applicable to the performance of the work hereunder shall constitute a breach of
Agreement.
 Should a death, serious personal injury or substantial property damage occur in
connection with the performance of this Agreement, the Consultant shall immediately
notify the Client by telephone.
 If any accident should occur in connection with this Agreement, the Consultant shall
promptly submit a written report to the Client, in such form as the Client may require.
This report shall include, but is not limited to, the following information:
1. Name and address of the injured or deceased individual(s);
2. Name and address of the Consultant's Sub-consultant or Sub-contractor, if
any;
3. Name and address of the Consultant's liability insurance carrier; and
4. A detailed description of the accident, including whether any of the Client's
equipment, tools or materials were involved.
 If a release of hazardous material or hazardous waste cannot be controlled occurs in
connection with the performance of this Agreement, the Consultant shall immediately
notify the Client.
 The Consultant shall not store hazardous materials or hazardous waste without a proper
permit from the City or Municipality.

TAX ID NUMBER, BUSINESS LICENSE, PAYMENT OF TAXES


 The Consultant represents that they have complied with all Federal, State and local laws
regarding business permits, licenses, reporting requirements, tax withholding
requirements, and other legal requirements of any kind that may be required to carry out
said business and the Scope of Work which is to be performed as a Consultant pursuant
to this Agreement, and as such, provides their Employer Tax ID Number and/or
Business License Number.
 The Consultant shall pay all local, state and federal taxes when due, and certifies under
penalty of perjury that the taxpayer identification number written above is correct.

SUPPORT SERVICES
 The Client shall provide the following necessary support services for the benefit of the
Consultant:
1.

RELATIONSHIP OF PARTIES
 It is understood by all parties to this Agreement that the Consultant is an independent
contractor and not an employee of the Client.
 The Client to this Agreement is not responsible and is not providing any fringe benefits,
including, but not limited to any health insurance benefits, paid vacation, retirement plan
or any other benefit to the Consultant.

EMPLOYEES
 The Consultant's employees, should there be any, who may perform services for the
Client under this Agreement shall be bound by all the provisions, terms and conditions
of this Agreement.

NON-COMPETE, NON-SOLICIATION, NON-RECRUIT


Non-Solicitation Clause
 The Consultant shall not, throughout the duration of this Agreement and for a period of
……… year(s) immediately following the termination of this Agreement, either directly
or indirectly, call on, solicit, take away or attempt to do any of the such that which
pertains to any of the customers or clients of the Client on whom the Consultant called,
contacted or may have become acquainted with during the fulfillment of the terms of this
Agreement, either for their own benefit or for the benefit of any other individual, firm,
corporation or organization.
Non-Compete Clause
 The Consultant herein agrees not to participate in any activity or action that may be
deemed of a competitive nature with any activity of the Client/Company throughout the
duration of their relationship pursuant to the terms and conditions of this Agreement.
 Therefore, for the purpose of this paragraph, competitive activity thus encompasses
forming and/or making plans to form a business entity that may be seen as being
competitive with any business of the Client. This however, in no way, does not prevent
the Consultant from seeking or obtaining employment or any other form of business
relationship with a competitor after termination of employment with the Client so long
as said competitor was in existence prior to the termination of the relationship with the
Client and Consultant was and/or is in no way involved with the organization for
formation of another such competitor.
 During and after the Consultant's contract period with the Client/Company, in the State
of ……….and for a period of…………… year(s) following termination of employment
however caused, the Consultant, nor its Sub-consultants, shall not seek or gain
employment with any newly formed business (business formed after termination of this
Agreement) that is in competition with the Company, its subsidiaries or affiliates within
described as or within a of the Company and the aforementioned business location.
Non-Recruit Clause
 The Consultant shall not throughout the duration of this Agreement and for a period of
…………year(s) immediately following the termination of this Agreement, either
directly or indirectly, recruit any of the Client's employees, customers, clients or
management for the purpose of any outside business.

REMEDIES
 Should the Consultant, or Sub-consultant, at any time, violate any of the covenants or
provisions set forth in this Agreement, the Company reserves the right to immediately
terminate Agreement, and terminate all its obligations to make any further payments
under this Agreement. The Consultant, and/or Sub-consultant, acknowledges that the
Client/Company could incur permanent and irreversible damage and injury through a
violation of the terms, conditions and provisions of the Agreement, and as such agrees,
that the Client/Company shall be entitled to any legal remedy or injunction, as may be
deemed appropriate by Company or Court of Law, from any actual or threatened breach
of this Agreement.

LIABILITY
 Notwithstanding any other term, condition or provision of the Agreement, in no event
shall the Consultant be liable, regardless of whether any claim is based on contract or
tort, for any special or consequential, indirect or incidental damages, including, but not
limited to, lost profits or revenue, arising out of or in connection with this Agreement or
the services performed in connection with this Agreement or for any claims which may
be brought against the Client/Company.

RETURN OF RECORDS
 Upon the termination of this Agreement, the Consultant shall deliver any and all records,
notes and data of any nature which may be in the possession of the Consultant or may be
under the control of the Consultant and of which are and shall remain the property of and
relate to the Client's business.

NOTICES
 Any and all notices that may be deemed necessary, permitted and/or required hereunder
this Agreement shall be made in writing and shall be deemed delivered when said notice
is delivered in person or deposited in the ……… States mail, postage prepaid and
addressed to either party and address provided herein.
 The said address may be changed from time to time by either party by written notice to
the other party in the manner set for above.

Client Name & Address:………………………………………….


Consultant Name & Address:………………………………………………………
,
ENTIRE AGREEMENT
 This Consulting Agreement contains the entire agreement of all parties and there shall be
no other promises or conditions contained within any other agreement whether oral or
written. This Agreement shall supersede any other prior oral or written agreement
between the parties.
AMENDMENT
This Agreement may be altered or modified only if said amendment is done so in writing,
mutually agreed upon and thus signed by both parties.

SEVERABILITY
 Should any term, condition, or provision of this Agreement be deemed or held to be
invalid or unenforceable for any reason, those remaining terms, conditions and
provisions shall remain valid and enforceable.
 Should a court of law determine that any term, condition or provision of this Agreement
is invalid or unenforceable, but that by limiting such term, condition or provision it
would become valid and enforceable, then such term, condition and/or provision shall be
deemed to be written, construed and enforced as so limited.

WAIVER OF CONTRACTUAL RIGHT


 The failure of either party to enforce any term, condition and/or provision of this
Agreement shall not be construed as a waiver or limitation of that party's right to
subsequently enforce and compel strict compliance with every term, condition and/or
provision of this Agreement.

VENUE/APPLICABLE LAW
 This Agreement shall be deemed to have been executed in……………… , of which the
formation, interpretation and performance of this Agreement shall be governed by the
laws of the State of………… , excluding its conflict of laws. The venue for all litigation
relative to the formation, interpretation and performance of this Agreement shall be in
the County of, and located in the State of……………………. .
 This Agreement shall be executed in duplicate. One duplicate of the original shall be
retained by the Client and one duplicate shall be provided to the Consultant.

IN WITNESS WHEREOF, the undersigned have read, understand and accept this
Agreement, and by signing this Agreement, all parties agree to all of the aforementioned terms,
conditions and provisions contained within this Agreement.

__________________________________________
()
___________________________________________
()

EXHIBIT - Consultant's Intellectual Property


List below any and all interests that the Consultant may have in any Intellectual
Property:

PREPARED BY:
SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com
CONTINGENCY FEE AGREEMENT

The Law Office of


___________________________
___________________________
___________________________
___________________________
(“Attorney”)

Date: _________________, 20____

In consideration of acceptance by the Attorney, this Contingency Fee Agreement


(“Agreement”) signed by the Client, ___________________________ (“Client”), on the date
hereof has agreed that this Agreement shall entitle the Attorney to be paid fees based on the
contingency fee arrangement mentioned in Section 4.

1. The undersigned Client hereby retains the Attorney in regard to the following(“Legal
Matter”):

2. As part of this Agreement, the Client: (check one)

- Shall pay a retainer in the amount of $________________. In such case a retainer is


paid, it shall be deducted from any contingency fee paid by the Client per Section 4 of
this Agreement.
- Shall not pay a retainer.

3. It is understood and agreed that the Client will pay to the Attorney the following fee for the
Legal Matter to be rendered:

 ____% of any and all sums recovered by way of settlement prior to instituting a
lawsuit; or

 ____% of any and all sums recovered either as a result of a trial or by way of
settlement after a lawsuit has been filed; or

 ____% of any and all sums recovered if any judgment is appealed, either on
behalf of the Client or by any adverse party, or if garnishment or any proceeding
after judgment has to be brought to collect the judgment or any portion thereof;
or
 ____% of any and all sums recovered if the matter is the subject of a retrial as
ordered by a trial or appellate court.

4. In the event that the Client at any point desires to change attorneys or otherwise requires the
Attorney to withdraw from the case, the Attorney shall be entitled to fees from the Client on
the percentage (…..%) basis set forth in this Agreement based upon any settlement offered
by the opposing party prior to the date of withdrawal; or, if no settlement offer has been
made, the Attorney's hourly rate of $__________/Hour shall be paid.

5. The Client directs the Attorney not to withdraw from this matter unless he has been paid the
larger of the two (2) possible fees or arrangements for the said payment has been made to
their satisfaction.

6. The Client agrees to give the Attorney a lien on the claims or causes of action and on a sum
recovered by way of settlement and on any judgment that may be recovered thereon to the
extent of the amounts herein provided as the Attorney's fees and other fees, charges, and
expenses incurred. It is further agreed that the Attorney shall have all general, possessory, or
retaining liens, and all special or charging liens known to the common law or available
under law.

7. The Client has the ultimate right to decide whether or not an offer of settlement is
satisfactory.

8. It is agreed that the primary purpose the Client has agreed to the services of the Attorney is
that the Client believes the Attorney's background and experience offer the best chance to
reach a fair and equitable settlement. It is therefore agreed that if, at any time, the Client and
the Attorney cannot agree as to the settlement of the case, then in that event, the Attorney
may withdraw from the case and will be paid their fees to the date of withdrawal as is
provided herein. Said fees shall be a lien on the case and any party at interest may be so
informed.

9. in the event a settlement proposal is made to the Client with the affirmative recommendation
of the Attorney, the Attorney shall have the right, if such settlement proposal is rejected by
the Client, to be paid for all services rendered by the Attorney, calculated on the basis of
actual work hours expended at the hourly rate mentioned in Section 5 and for all other fees,
charges, and expenses incurred.

10. The Attorney agrees to notify the Client whenever an offer of settlement or compromise is
received by the Attorney, and to inform the Client of the amount of that offer, and the
recommendation of the Attorney as to the acceptability thereof. In addition, the Client agrees
to make no compromise or settlement in the matter without the approval of the Attorney.
The Client agrees to notify the Attorney whenever an offer of settlement or compromise is
received by the Client, and to inform the Attorney of the amount and the terms of any such
offer.

11. The Client hereby authorizes the Attorney to thoroughly investigate the facts and laws
relative to the Legal Matter. Upon the conclusion of such investigation, the Attorney shall
have the discretionary right to determine that it is not feasible to pursue the Legal Matter,
and upon notification to the Client of such determination the Attorney shall be entitled to
withdraw from any further representation of the Client pursuant to this Agreement. In such
an event, no legal fees shall be payable to the Attorney, but the Client agrees to promptly
pay the Attorney for all other fees, charges, and expenses incurred pursuant to the above
prior to the date of such withdrawal.
Client’s Signature _____________________________ Date ____________

Name _____________________________

Attorney’s Signature _____________________________

Name _____________________________

…………………………………………………………
{THE INVESTOR}

And
…………………………………………………….
{THE FOUNDERS}

And
…………………………………………….
{THE COMPANY}

And
……………………………………
{OTHERS}

INVESTMENT AGREEMENT
Relating to
[COMPANY NAME]

DATED …… DAY OF ……………………. 20………


PREPARED BY:
SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com

THIS AGREEMENT is made on……………. 20…….. BETWEEN

1. The persons whose names and addresses are set out in Part… of Schedule 1 (the
“Founders”);

2. SBC BERLIN LTD, incorporated and registered in …………. with company number
………….. whose registered office is at …………………………….(the “Investor”);

3. The Persons whose names and addresses are set out in Part 3 of Schedule 1 (the “ Other
Shareholders”); ]and
4. [FULL COMPANY NAME] incorporated and registered in …………….. with company
number [NUMBER] whose registered office is at [ADDRESS] (the “Company”).

RECITALS
a. The Company was incorporated on [DATE] and is a company limited by shares, brief
particulars of which are set out in Schedule 2.
b. The Founders are interested in the number of shares set out against their respective
names in column 3 of Part 1 of Schedule 1.
c. The Investor has agreed to subscribe for shares in the capital of the Company on, and
subject to, the terms of this agreement.
d. The Investor has agreed to provide the Company with a non-refundable grant of €[…,
…], the first half of which will be paid by …………. to the Company on or around the
date of this agreement and the second half of which will be paid by ………..to the
Company within 6 weeks of the Company ………………….
e. [Prior to the date of this agreement, [OLD COMPANY NAME] transferred to the
Company all underlying intellectual property rights to particular assets owned or used by
them in connection with the provision of [DESCRIPTION OF BUSINESS] pursuant to
an asset transfer agreement dated [DATE]

IT IS HEREBY AGREED
1. INTERPRETATION
a. The definitions and rules of interpretation in this clause apply in this agreement.

“Articles” the new articles of association of the Company in the agreed form to be adopted by
the Company on or prior to Completion.
“Board” the board of directors of the Company as constituted from time to time.
“Business Day” a day (other than a Saturday, Sunday or public holiday) when clearing banks in
the City of London are open for the transaction of normal banking business.
“Completion” completion by the parties of their respective obligations under clause 3.
“Completion Date” the date of Completion.
“Costs” any liabilities, losses, damages, awards, costs (including legal fees), claims and
expenses.
“Deed of Adherence” the deed of adherence in the form set out in Schedule 4.
“Employee Share Option Plan” any employee share option plan adopted by the Company.
“Encumbrance” any mortgage, charge, security interest, lien, pledge, assignment by way of
security, equity claim, right of preemption, option, covenant, restriction, reservation, lease, trust,
order, decree, judgment, title defect (including retention of title claim), conflicting claim of
ownership or any other encumbrance of any nature whatsoever (whether or not perfected) other
than liens arising by operation of law.
“Founders” the persons listed in column 1 of Part 1 of Schedule 1.
[“Group” collectively the Company and the Subsidiary (and “Group Company” shall be
construed accordingly).]
“Independent Expert” has the meaning given in the Articles.
“Intellectual Property” patents, rights to inventions, utility models, copyright, trademarks,
service marks, trade, business and domain names, rights in trade dress or get-up, rights in
goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer
software, database rights, topography rights, moral rights, rights in confidential information
(including
Know-how and trade secrets) and any other intellectual property rights, in each case whether
registered or unregistered and including all applications for and renewals or extensions of such
rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Investor the prior written consent of the Investor.
Consent”
“Investor Shares” the [NUMBER] new Ordinary Shares at a price of [£][€][1.00] per Investor
Share to be subscribed by the Investor pursuant to clause 2.1 following the Investor’s
investment of an aggregate of [£][€] [6.00]. The Investor Shares represent 6% of the issued
share capital of the Company immediately following the investment.
“Investor” …………….. Ltd, further details of which are set out at Part 2 of Schedule 1.
“New Securities” has the meaning given in clause 9.2.
“Ordinary Shares” the ordinary shares of [£][€][1.00] each in the capital of the Company,
which have the rights set out in the Articles.
“Permitted Transferee has the meaning given in the Articles.
“Relevant Area” the United Kingdom [and [TBC - to insert other relevant jurisdictions]].
“Resolutions” the resolutions, in the agreed form, to be passed by the Company by
shareholders' written resolution.
“Restricted Period” means the period of 12 months immediately following the cessation of a
Founder working full-time in the business of the Company (whether or not he still remains as a
director or shareholder of the Company).
“Shareholders” a holder of shares in the Company from time to time, including any person
who is (or becomes) a party to this agreement by executing a Deed of Adherence.
[“Subsidiary” The subsidiary of the Company named in Schedule 2 Part 2]
“Undervalue Funding Round” has the meaning given in clause 9.2.
“Warrantors” the Company and the Founders.
b. Clause, schedule and paragraph headings shall not affect the interpretation of this
agreement.
c. A person includes a natural person, corporate or unincorporated body (whether or not
having separate legal personality) and that person's legal and personal representatives,
successors and permitted assigns.
d. The schedules form part of this agreement and shall have effect as if set out in full in the
body of this agreement. Any reference to this agreement includes the schedules.
e. A reference to a company shall include any company, corporation or other body
corporate, wherever and however incorporated or established.
f. Words in the singular shall include the plural and vice versa.
g. A reference to one gender shall include a reference to the other genders.
h. A reference to a statute, statutory provision or subordinated legislation is a reference to it
as it is in force from time to time, taking account of any amendment or reenactment and
includes any statute, statutory provision or subordinate legislation which it amends or re-
enacts; provided that, as between the parties, no such amendment or re-enactment shall
apply for the purposes of this agreement to the extent that it would impose any new or
extended obligation, liability or restriction on, or otherwise adversely affect the rights of,
any party.
i. Any reference to an English legal term for any action, remedy, method of judicial
proceeding, legal document, legal status or legal concept is, in respect of any jurisdiction
other than England and Wales, deemed to include what most nearly approximates in that
jurisdiction to the English legal term.
j. A reference to writing or written includes e-mail.
k. Any obligation in this agreement on a person not to do something includes an obligation
not to agree or allow that thing to be done.
l. Documents in agreed form are documents in the form agreed by the parties and
initialled by or on behalf of them for identification.
m. A reference to a document is a reference to that document as varied or novated (in each
case, other than in breach of this agreement) at any time.
n. Any phrase introduced by the terms “including”, “include”, “in particular “or any
similar expression shall be construed as illustrative and shall not limit the sense of the
words preceding those terms.
o. References to clauses and schedules are to the clauses and schedules of this agreement;
references to paragraphs are to paragraphs of the relevant schedule.
p. References to times of day are to that time in London, England and references to a day
are to a period of 24 hours running from midnight.
q. Unless the context otherwise requires, words and expressions defined in the Articles
shall have the same meaning when used in this agreement.

2. INVESTMENT
a. Subject to clause 3, the Investor applies for the allotment and issue to it of [NUMBER]
Investor Shares, at a subscription price of [£][€][1.00] per Investor Share, payment for
which shall be made in accordance with clause 3.2.1:
b. Completion of the investment shall take place on the Completion Date.
c. The Company warrants to the Investor that, on the date of this agreement and on the
Completion Date, the Company shall [, subject to passing the Resolutions,] be entitled to
allot the Investor Shares to the Investor on the terms of this agreement, without the
consent of any other person.
d. Each Founder agrees to vote in favor of the Resolutions and hereby irrevocably waives
or will provide the waiver of all and any pre-emption rights that he or his nominees may
have under the Company's articles of association or otherwise, so as to enable the issue
of the Investor Shares to proceed.
e. The Investor may direct that the Investor Shares are issued and registered in the name of
any nominee or custodian holding such shares on its behalf as bare nominee.

2. COMPLETION
a. Completion of the investment by the Investor for the Investor Shares shall take place at
the …………………………………….. on the Completion Date (or at such other time
and place as the Company and the Investor shall agree) when the events set out in clause
b below shall take place in such order as the Investor may require.
b. The following events shall occur on the Completion Date:
1. the Investor shall pay the Company [£][€][ • ] in respect of the Investor Shares
in accordance with clause 2.1 by electronic transfer to the Company's bank
account at [NAME OF BANK], [SORT CODE], account number [NUMBER].
Payment made in accordance with this clause 2.b.1 shall constitute a good
discharge for the Investor’s obligations under this sub-clause b;
2. The passing of resolutions of the Shareholders to:
i. adopt the Articles
ii. [increase the authorised share capital of the Company from [£][€]
[AMOUNT] to [£][€][●];]
iii. [re-designate each [CLASS] share of [£][€][AMOUNT] in the capital of
the Company as [NUMBER] Ordinary Shares of [£][€][AMOUNT] in
the capital of the Company] [Note: if necessary, the Founders’ shares
will be re-designated as Ordinary Shares so the shares by the
Investor and the Founders shall share the same rights];
iv. waive pre-emption rights in respect of the allotment and issue of the
Investor Shares;
v. grant the directors of the Company authority to allot the Investor Shares; and
vi. [OTHERS].
3. A meeting of the Board shall be held at which the Company shall:
i. adopt the Articles;
ii. subject to receipt of the payment referred to in clause 2.b(1), issue and
allot the Investor Shares credited as fully paid to the Investor (or such
person as it shall direct) and enter the Investor’s name in the register of
members in respect of them;
iii. execute and deliver to the Investor a share certificate for the Investor
Shares;
iv. pass any other resolutions required to carry out the Company's
obligations under this agreement; and
4. The Founders shall be instructed to file all appropriate resolutions and forms with
the Registrar of Companies within the time limits prescribed for filing each of
them; and

4. WARRANTIES
a. Each party to the agreement warrants to each of the other parties that:
1. it has the power and authority to enter into and perform its obligations under
this agreement;
2. when executed, its obligations under this agreement will be binding on it; and
3. execution and delivery of, and performance by it of its obligations under this
agreement will not result in any breach of applicable law.
b. The Warrantors jointly and severally warrant to the Investor that:
1. [the Company]/[each Group Company] has been duly
incorporated and validly exists under the laws of its jurisdiction;
2. the information contained or referred to in Schedule 2 is true,
complete and accurate and not misleading;
3. [each Group Company]/[the Company] (and/or its affiliates) is
not engaged in any litigation, arbitration or other legal proceedings and
there are no written claims threatened against [the Company]/[any Group
Company] (and/or its affiliates);
4. any and all tax for which the Company has been assessed or that
has or shall become due has been paid in full;
5. the Company has properly filed all tax returns required to be filed
pursuant to any relevant law;
6. [the Company]/[each Group Company] is not subject to any
disagreement or dispute with any tax authority regarding the tax position
of the Company;
7. the Founders are the legal and beneficial owners of the number of
[CLASS] shares set opposite their respective names in column 3 of Part 1
of Schedule 1 and such shares are held by the Founders, free from all
encumbrances and with all rights attaching to them;
8. [all shares in the Subsidiary are held legally and beneficially
solely by the Company free from all encumbrances and with all rights
attaching to them;]
9. all of the shares set out in Part 1 of Schedule 1 are fully paid and
comprise the entire issued share capital of the Company and are held free
from all encumbrances and with all rights attaching to them;
10. The Company has taken all steps necessary for the fullest
protection necessary of all Intellectual Property and know-how used by it;
and
11. All Intellectual Property which is used by or material to the
business of the Company is (or in the case of applications, will be) legally
and beneficially vested exclusively in the Company.

5. INTELLECTUAL PROPERTY
a. The Founders hereby unconditionally and irrevocably assign to the Company
absolutely with full title guarantee all its right, title and interest in and to the
Intellectual Property used by or material to the business of the Company, including
but not limited to:
1. the absolute entitlement to any registrations granted pursuant to any patent,
registered design or trade mark applications;
2. All goodwill attaching to Intellectual Property used by or material to the
business of the Company and in respect of the business relating to the
goods or services in respect of which any Intellectual Property is registered
or used; and
3. the right to bring, make, oppose, defend, appeal proceedings, claims or
actions and obtain relief (and to retain any damages recovered) in respect of
any infringement, or any other cause of action arising from ownership, of
any of Intellectual Property used by or material to the business of the
Company whether occurring before, on, or after the date of this agreement.

6. THE BOARD
a. The appointment, dismissal and conduct of the Board shall be regulated in
accordance with this agreement and the Articles.
b. In accordance with the Articles, for so long as an Investor or its Permitted
Transferees hold any of the Ordinary Shares in issue they shall have the right to
appoint a representative to attend as an observer at each and any meeting of the
board and of each and any committee of the Board.
c. Meetings of the Board will be convened and held not less than 4 times per year at
regular intervals.
d. The Company shall send to the Investor and any observers appointed under clause b:
1. Reasonable advance notice of each Board meeting and each
committee of it; and
2. A written agenda for each Board meeting and each committee
meeting accompanied by all relevant papers.
e. The parties shall use their respective reasonable endeavors to ensure that any Board
meeting (or meeting of a committee of the Board) and every general meeting of the
Company has the requisite quorum.

7. ACCOUNTING AND INFORMATION RIGHTS


a. The Company shall, and the Founders shall procure that the Company shall, at all
times maintain accurate and complete accounting and other financial records.
b. The Company shall, and the Founders shall procure that the Company shall, prepar
such business and financial information in such format as the Investor reasonably
requests and shall send copies to the Investor within 30 days of the end of each fiscal
quarter.
c. The audited accounts of the Company in respect of each accounting period, together
with the related audit and management letters and all correspondence between the
Company and the auditors of the Company concerning the accounts, shall completed
and approved by the Board and delivered to the Investor within three months after
the end of the accounting period to which such audited accounts relate.
d. The Company shall provide the Investor promptly with such other information
concerning the Company and its business as the Investor may reasonably require
from time to time for tax, legal or regulatory purposes or to enable the Investor to
monitor their investment in the Company.

8. MATTERS REQUIRING INVESTOR CONSENT


a. The Company undertakes that, save with Investor Consent, the Company shall not
take any of the actions set out in Schedule 3.
b. Each of the Founders undertakes to the Investor (as a separate covenant by each of
them) to exercise all voting rights and powers of control available to him in
relation to the Company to procure that, save with Investor Consent, the Company
shall not take any of the actions set out in Schedule 3.

9. TRANSFER OF SHARES AND FUTURE FUNDING


a. Notwithstanding the Articles, each Founder undertakes to the Investor that he shall not,
and shall not agree to create any Encumbrance over, transfer or otherwise dispose of the
whole or any part of his interest in or grant any option over any Ordinary Shares to any
person except where required or permitted to do so by the Articles and this agreement.
b. The Company undertakes to its Shareholders that it shall not (and each of the Founders
undertakes to its Shareholders to procure that the Company shall not) carry out any
funding round on terms which either:
i. do not reflect the fair market value of the business at the time; or
ii. which are not on bona fide arm’s length terms; or
iii. which are unfairly prejudicial to the existing Shareholders (an “Undervalue
Funding Round”). To the extent the Investor, acting reasonably, believes the
Company is about to undertake an Undervalue Funding Round, the Investor
shall be entitled by serving a notice in writing on the Company to exercise a
right of veto to prohibit such funding round being implemented.
c. If the Company issues any shares or other securities (“New Securities”) that have rights
in respect of the receipt of income and/or capital that rank in preference to the Ordinary
Shares or other securities held by the Investor, each Party agrees to exercise all voting
rights and powers of control available to it to re-designate the Ordinary Shares and other
securities held by the Investor to rank pari-passu with such New Securities.
d. No transfer of Ordinary Shares shall be registered by the Board unless the transferee of
such Ordinary Shares has executed and delivered a Deed of Adherence.
e. The Company shall not issue any Ordinary Shares or other equity securities to any
person, unless that person is a party to this agreement or has executed and delivered a
Deed of Adherence.

10. EFFECT OF CEASING TO HOLD SHARES


a. A party shall cease to be a party to this agreement for the purpose of receiving benefits
and enforcing his rights from the date that he ceases to hold (or beneficially own) any
shares in the capital of the Company (but without prejudice to any benefits and rights
enjoyed prior to such cessation).
b. A Founder's obligations under clauses 11 and 12 shall survive a transfer of all or any
shares by such Founder, and shall survive such Founder ceasing to be a director, or
employee of or consultant to the Company. But otherwise when a Founder ceases to hold
shares in the Company, he shall have no further obligation or liability under this
agreement, but without prejudice to the due performance by such Founder of all
obligations up to the date of such cessation.

11. NON COMPETITION


a. Each Founder shall not without the prior written consent of the Company directly or
indirectly at any time whilst he is a director or employee of, or a consultant to, the
Company and during the Restricted Period engage or be concerned or interested in any
capacity with any business concern which within the Relevant Area competes, or will
compete, or is likely to compete with the business of the Company.
b. Each Founder acknowledges that the foregoing provisions of this clause 11 are fair,
reasonable and necessary to protect the goodwill and interests of the Company.
c. If any of the restrictions or obligations contained in this clause 11 is held to be invalid or
unenforceable but would be valid or enforceable if part of the provision were deleted
then such restrictions or obligations shall apply with such deletions as may be necessary
to make them enforceable. In the event of any part of this clause being declared invalid
or unenforceable by any court of competent jurisdiction, all other parts of this clause
shall remain in full force and effect and shall not be affected thereby.

12. CONFIDENTIALITY AND ANNOUNCEMENTS


a. Except as provided elsewhere in this agreement, and excluding any information which is
in the public domain (other than through the wrongful disclosure of any party), or which
any party is required to disclose by law or by the rules of any regulatory body to which
the Company is subject, each party agrees to keep secret and confidential and not to use,
disclose or divulge to any third party (other than a party's professional advisers) any:
1. confidential information relating to the Company (including any Intellectual
Property, customer lists, reports, notes, memoranda and all other documentary
records pertaining to the Company or its business affairs, finances, suppliers,
customers or contractual or other arrangements); or
2. information relating to the negotiation, provisions or subject matter of this
agreement (or any document referred to in it); or
3. Information concerning the Investor, its shareholders or any member of their
respective groups.

13. ASSIGNMENT
a. Subject to clause b, this agreement is personal to the parties and no party shall:
1. assign any of its rights under this agreement; or
2. transfer any of its obligations under this agreement; or
3. sub-contract or delegate any of its obligations under this agreement; or
4. Charge or deal in any other manner with this agreement or any of its rights or
obligations.
b. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in
contravention of clause 13.1 shall be ineffective.
c. The Investor may assign the whole or part of any of its rights under this agreement to
any of its Permitted Transferees.

14. THIRD PARTY RIGHTS


a. Any management company authorized from time to time to act on behalf of an Investor
or another person or persons nominated by an Investor, shall be entitled to enforce all of
such Investor’s rights and benefits under this agreement at all times as if it were a party
to this agreement.
b. Except as provided in clause a, this agreement does not confer any rights on any person
that is not a party to this agreement.

15. AGREEMENT SURVIVES COMPLETION


a. This agreement (other than the obligations that have already been performed) remains in
full force after Completion.

16. SHAREHOLDER OBLIGATIONS AND STATUS OF THIS AGREEMENT


a. Each Shareholder shall exercise all voting rights and other powers of control available to
it in relation to the Company so as to procure (so far as is reasonably possible) that, at all
times during the term of this agreement, the provisions of this agreement are promptly
observed and given full force and effect according to its spirit and intention.
b. If, at any time, any provisions of the Articles conflict with any provision of this
agreement, the provisions of this agreement shall prevail as between the Shareholders. In
such circumstances the Shareholders shall procure that such modifications as are
necessary are made to the Articles.
17. SEVERANCE
a. If any court or competent authority finds that any provision of this agreement (or part of
any provision) is void, invalid, illegal or unenforceable, that provision or part-provision
shall, to the extent required, be deemed to be deleted, and the validity and enforceability
of the other provisions of this agreement (and, as the case may be, the remainder of the
relevant provision) shall not be affected.
b. If any void, invalid, unenforceable or illegal provision of this agreement would be valid,
enforceable and legal if some part of it were deleted, the provision shall apply with the
minimum deletion necessary to make it legal, valid and enforceable.

18. VARIATION
a. A variation of this agreement shall only be valid if it is in writing and signed by the
Company, by the Investor and by Shareholders (other than the Investor) holding between
them at least 50% of the issued share capital of the Company, in which event such
change shall be binding against all of the parties hereto provided that if such change
would detrimentally affect the rights of a party, the consent of the affected party to that
variation shall be specifically required.
19. COSTS
a. All Costs and expenses in connection with the negotiation, preparation, execution and
performance of this agreement, and any documents referred to in it, shall be borne by the
party that incurred the Costs.

20. WHOLE AGREEMENT


a. This agreement and the documents referred to or incorporated in it or executed
contemporaneously with it, constitute the whole agreement between the parties relating
to the subject matter of this agreement, and supersede any previous arrangement,
understanding or agreement between them relating to the subject matter that they cover.

21. NOTICES
a. 21.1 A notice given under this agreement:
1. Shall be in writing in the English language (or be accompanied by a
properly prepared translation into English);
2. Shall be sent for the attention of the person, and to the address or email
address, given in this clause 21 (or such other address, email address or
person as the relevant party may notify to the other party); and
3. Shall be delivered personally, sent by email, sent by pre-paid first-class
post or recorded delivery or (if the notice is to be served by post outside
the country from which it is sent) sent by airmail.
b. The addresses for service of notice are:
1. COMPANY
Address: [REGISTERED ADDRESS] [c/o The Rainmaking Loft,
Charlottenstrasse 2, 10969 Berlin, Germany] For the attention of: [NAME]
Email address: [EMAIL ADDRESS]
2. INVESTOR
Address: …………. For the attention of: …….. Email address:
………………
3. In the case of the Founders, to the address set out alongside their respective
names in Schedule 1.
c. A notice is deemed to have been received:
1. if delivered personally, at the time of delivery; or
2. in the case of email, at the time of transmission; or
3. in the case of pre-paid first-class post or recorded delivery, 48 hours from the
date of posting; or
4. in the case of airmail, five days from the date of posting; or
5. if deemed receipt under the previous paragraphs of this clause 21.3 is not
within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a
day that is a Business Day), when business next starts in the place of deemed
receipt.
d. To prove service, it is sufficient to prove that the notice was transmitted by email to the
email address of the party or, in the case of post, that the envelope containing the notice
was properly addressed and posted.

22. FURTHER ASSURANCE


a. Each party shall promptly execute and deliver all such documents, and do all such
things, as the other party may from time to time reasonably require for the purpose of
giving full force and effect to the provisions of this agreement.
23. COUNTERPARTS
a. This agreement may be executed in any number of counterparts, each of which is an
original and which, when executed and delivered, shall be an original and which together
shall have the same effect as if each party had executed and delivered the same
document.
24. NO PARTNERSHIP
a. Nothing in this agreement is intended to or shall be construed as establishing orimplying
a partnership of any kind between the parties.
25. GOVERNING LAW AND JURISDICTION
a. This agreement and any dispute or claim arising out of or in connection with it or its
subject matter (including non-contractual disputes or claims) shall be governed by and
construed in accordance with the law of England and Wales.
b. The parties irrevocably agree that the courts of England and Wales shall have exclusive
jurisdiction to settle any dispute or claim that arises out of or in connection with this
agreement or its subject matter (including non-contractual disputes or claims).

IN WITNESS WHEREOF THIS AGREEMENT HAS BEEN ENTERED INTO ON


THE DATE STATED AT THE BEGINNING OF IT.

SCHEDULE
Schedule 1
Part 1 - The Founders
Name of Founder Address of Founder Number of [CLASS] shares held:

Part 2 – The Investor


Name of Investor Address of Investor:
 SBC Berlin 2015-2017 Ltd c/o The Rainmaking Loft, International House, 1 St
Katherine’s Way, London E11UN

Part 3 – The Other Shareholders


Name of Other Shareholder Address of Other Shareholder:

Schedule 2
Part 1 - The Company
Name:
Company Number:
Date of incorporation:
Registered office:
Share capital [NUMBER] [CLASS] Shares of [NOMINAL VALUE] each
Shareholders Number and class of shares:
1. [NAME] [NUMBER] [CLASS] Shares
2. [NAME]
3. [NAME] {NOTE: To be completed for all shareholders}
TOTAL [NUMBER] [CLASS] Shares
Directors Address
1. [NAME] [RESIDENTIAL ADDRESS]
2. [NAME [RESIDENTIAL ADDRESS]

{NOTE: To be completed for all directors} Details of any loans / other indebtedness {NOTE:
e.g. loan notes, bank financing, amounts owed for services rendered etc.}
Details of any charges [e.g. Convertible promissory notes in the amounts set out opposite the
names of the following persons:
 [NAME: [£] [€] AMOUNT]
 [NAME: [£] [€] AMOUNT]
These loan notes are convertible upon [TRIGGER EVENT e.g. financing round
above [£] AMOUNT]]. Include any longstop dates if applicable Include the applicable
valuation
Foreign law legal advisers

Part 2 – The Subsidiary


Name
Company Number
Date of incorporation
Registered office
Share capital [NUMBER] [CLASS] Shares of
[NOMINAL VALUE] each
Shareholders Number and class of shares
4. [NAME] [NUMBER] [CLASS] Shares
5. [NAME]
6. [NAME] {NOTE: To be completed for all
shareholders}
TOTAL [NUMBER] [CLASS] Shares
Directors Address
3. [NAME] [RESIDENTIAL ADDRESS]
4. [NAME [RESIDENTIAL ADDRESS]
{NOTE: To be completed for all directors} Details of any loans / other indebtedness {NOTE:
e.g. loan notes, bank financing, amounts owed for services rendered etc.}

Details of any charges [e.g. Convertible promissory notes in the amounts set out opposite the
names of the following persons:
[NAME: [£] [€] AMOUNT]
[NAME: [£] [€] AMOUNT]
These loan notes are convertible upon [TRIGGER EVENT e.g. financing round
above [£]AMOUNT]]. Include any longstop dates if applicable, Include the applicable
valuation
Foreign law legal advisers

Schedule 3
Reserved matters - matters requiring Investor Consent
 Any material change in the nature of its business.
 Any amendment to the Articles of the Company.
 Any variation of class rights of any class of share in the issued share capital of the
Company.
 The issue of any Ordinary Shares or other securities to any person including, for the
avoidance of doubt pursuant to an Employee Share Option Plan.
 The incorporation or establishment of any subsidiary or associated company.
 Any expansion, development or evolution of its business otherwise than through the
Company.
 The acquisition of the whole or any significant part of a business or undertaking or any
shares, debentures, loan stock or other securities or interest in any company, partnership
or other body.
 The entry into any transaction, arrangement or agreement with or for the benefit of any
Shareholder or with a connected person of any of them, save for any matters required
pursuant to clause 10.
 The commencement of any litigation or other legal proceedings (other than actions to
recover debts in the ordinary course of business).
 Incurring of any indebtedness otherwise than in the ordinary course of business.
 The recapitalization, reorganization, merger, sale or transfer of all or substantially all of
the Company’s assets or business.
 The passing of any resolution to wind up the Company or enter into any arrangement
with its creditors.
 The sale or transfer of any of the Company’s Intellectual Property.
 The sale, transfer, lease, assignment, grant of any license in respect of, or otherwise
disposal of, the whole or any part of its undertaking, property or other assets (whether by
one transaction or a series of transactions whether related or not) or any interest therein
other than the sale of current assets in the ordinary course of business or with a value not
exceeding €………………….

Schedule 4
Deed of adherence
THIS DEED is made the [……. ] day of […… ] by […………… ]
WHEREAS
 By [a transfer dated [insert date], [●] (Transferor) transferred to [●] (Transferee)]/[an
application to subscribe for shares dated [insert date], [●] of [insert address] [Company
No. [●])] (Subscriber) subscribed for [●] Ordinary Shares of [£][€][●] each in the
capital of [●] (Company) (together, the [Transferred]/[Subscribed] Shares).
 This deed is entered into in compliance with the terms of clause [9.4]/[9.5] of an
agreement dated [insert date] made between (1) the Investor, (2) the Founders and (3)
the Company (all such terms as are defined therein) (which agreement is herein referred
to as the Investment Agreement).

NOW THEREFORE IT IS HEREBY AGREED as follows:


 The [Transferee] / [Subscriber] hereby agrees to assume the benefit of the rights [of the
Transferor] under the Investment Agreement in respect of the [Transferred] /
[Subscribed] Shares and hereby agrees to assume and assumes the burden of the
[Transferor’s] obligation under the Investment Agreement to be performed after the date
hereof in respect of the [Transferred] / [Subscribed] Shares.
 The [Transferee] / [Subscriber] hereby agrees to be bound by the terms of the Investment
Agreement in all respects as if the [Transferee] / [Subscriber] were a party to the
Investment Agreement as [a New Investor] / [an Investor] (and will be deemed to be
designated herein as such) and to perform:
i. [all the obligations of the Transferor in that capacity thereunder; and]
ii. all the obligations expressed to be imposed on such a party by the
Investment Agreement, [in both cases,] to be performed on or after the date
hereof.
 All obligations expressed to be imposed on such a party by the Investment Agreement,
to be performed on or after the date hereof.
 This deed is made for the benefit of:
i. the parties to the Investment Agreement; and
ii. any other person or persons who may after the date of the Investment
Agreement (and whether or not prior to the date hereof) have assumed any
rights or obligations under the Investment Agreement and be permitted to do
by the terms hereof; and this deed shall be irrevocable without the consent of
the Company acting on their behalf in each case only for so long as they hold
any shares in the capital of the Company.
 For the avoidance of doubt, nothing in this deed shall release the Transferor from any
liability in respect of any obligations under the Investment Agreement due to be
performed prior to the date hereof.]
 None of the Shareholders:
i. makes any representation or warranty or assumes any responsibility with
respect to the legality, effectiveness, adequacy or enforceability of any of the
Investment Agreement (or any agreement entered into pursuant thereto); or
ii. makes any representation or warranty or assumes any responsibility with
respect to the content of any information regarding the Company or any
member of its group or otherwise relating to the [acquisition] / [subscription]
of shares in the Company; or
iii. assumes any responsibility for the financial condition of the Company or any
member of its group or any other party to the Investment Agreement or any
other document or for the performance and observance by the Company or
any other party to the Investment Agreement or any other document (save as
expressly provided therein); and any and all conditions and warranties,
whether express or implied by law or otherwise, are excluded.
 This deed shall be governed by and construed in accordance with the laws of England
and Wales.

IN WITNESS HEREOF this deed of adherence is executed as a deed and delivered on the date
first written above.

Signed by [NAME OF FOUNDER]


.......................................
Signed by [NAME OF FOUNDER]
.......................................
Signed by [NAME] for and on behalf of [COMPANY]
.......................................
Director
Signed by [ALEX FARCET] / [TANJA KUFNER] for and on behalf of SBC BERLIN L.T.D
{INVESTOR}
....................................... …………………………….
Director Secretary
PREPARED BY:
SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com

ARTIST-MANAGEMENT-AGREEMENT
MANAGER NAME: …………of [ADDRESS] (the "Manager").
ARTIST NAME: ……………… STAGE NAME……………….. [Address] (The "Artist").
The term of this agreement shall be for an initial period of ………….. (The "Initial Period", and
a "Period") beginning as of the date hereof, following which the term shall automatically renew
for consecutive periods of ………….. (Each a "Renewal Period", and a "Period") unless either
Artist or Manager notifies the other party of its intention not to renew this agreement within 90
days of the end of the then current Period. The Initial Period and any Renewal Period and
extensions shall be collectively referred to as the "Term".
TERRITORY: The World.
MANAGEMENT RIGHTS AND SERVICES:
Artist hereby irrevocably grants to Manager the exclusive right to represent all of Artist’s
interests on Artist’s behalf throughout the entertainment industry, including but not limited to all
matters relating to music, film, television, theatre, internet, art, and literature (collectively
referenced herein as the "Entertainment Industry").
FEE:
Manager shall be entitled to a commission as follows (collectively the "Commission"):
 With respect to all aspects of Artist’s career in the Entertainment Industry but excluding
Artist’s revenue generated from merchandise, a commission of 20% Gross Revenue.
 With respect to Artist’s revenue generated from merchandise, a commission of 20% Net
Revenue.
 Artist and Manager agree to consider modification to the Commission in good faith in
the event Artist signs an agreement with a record company.
EXCLUSIONS FROM GROSS REVENUES:
 "Net Revenue" shall mean all revenue generated and received by (or on behalf of) Artist
from all aspects of Artist’s career in the Entertainment Industry ("Gross Revenue") less
expenses, which expenses shall mean costs of collection and Commissions paid by Artist
to any unrelated third parties and all actual, out-of-pocket third-party costs or expenses
attributed to the applicable activity in the Entertainment Industry and paid by Artist,
provided such costs are reasonably related to the applicable activity. Expenses do not
include any such costs or expenses which were paid by you but which were funded by a
third party.
 No double commissioning: any income that is received by Artist on account of any other
agreement Artist has entered into with Manager or an affiliate (as the term is defined in
the Business Corporations Act (Ontario)) in respect of Artist’s career in the
Entertainment Industry, including for instance a publishing agreement, a merchandising
agreement, or a record production agreement shall not be included in Gross Revenue.
POWER OF ATTORNEY:
 During the Term of this agreement, Manager is irrevocably authorized by Artist to act on
Artist’s behalf as attorney in fact to execute for Artist, in Artist’s name and/or on Artist’s
behalf any and all agreements, documents, and contracts concerning the respective rights
and services herein. In addition to the foregoing, Manager hereby irrevocably
constitutes, and Artist hereby irrevocably appoints, Manager as Artist’s exclusive agent
and non-exclusive attorney-in-fact throughout the Term of this agreement in the
Entertainment Industry, with full power of substitution, to do the following:
a. engage, direct and/or discharge theatrical agencies, booking agencies,
employment agencies and other third parties that may from time to time
seek to obtain employment or engagements for Artist provided that in
each instance Artist is made fully aware of engagements in a timely
manner;
b. Approve and permit the use of the names and approved likenesses of
Artist (including, without limitation, all professional, group and fictitious
names heretofore, now or hereafter used by Artist), the voice of Artist and
approved biographical material concerning Artist for advertising of and
publicity for only Artist and Artist's services and the products thereof.
EARLY TERMINATION:
 Notwithstanding anything to the contrary herein contained, Artist may terminate this
agreement immediately upon written notice for Cause. For the purpose hereof, "Cause"
shall mean any one or more of the following events or conditions:
a. Theft, fraud or gross negligence in the performance of Manager’s duties
hereunder;
b. Manager’s conviction of, or entering a plea of guilty or nolo contendere
to, a crime that constitutes an indictable office or a felony or a
misdemeanor or summary conviction offence involving moral turpitude
which will likely have a material adverse effect upon the reputation or
goodwill of Artist;
c. The event that Manager for any reason is unable or unwilling to carry out
its responsibilities pursuant to this agreement, for a period of 30
consecutive days.
SUNSET:
 Upon termination of the Term, Manager will be entitled to continue to receive a reduced
Commission on income from contracts executed or substantially negotiated during or
prior to the Term and any master recordings and compositions created in whole or in part
during or prior to the Term at a rate of 15% Gross Revenue for the first year post-Term,
10% Gross Revenue for the second year post-Term, 7.5% Gross Revenue in year 3, and
0% thereafter.
EXPENSES:
 Artist agrees to promptly reimburse Manager for all reasonable and bona fide, out-of-
pocket, direct costs and expenses incurred or expended by Manager on Artist's behalf.
For the purposes of this agreement, reimbursable expenses pursuant to this paragraph
shall include, without limiting the generality of the foregoing, reasonable travel, long
distance telecommunications and promotional expenses which are directly related to the
advancement of Artist’s career in the Entertainment Industry, but shall specifically
exclude in-house expenses such as Manager's rent, salaries to Manager’s employees and
all other office expenses and overhead. Any single expense over $500 and any expenses
over $1000 in a month must be pre-approved by Artist.
ACCOUNTING RECORDS:
 Artist hereby warrants and agrees that they or their designee(s) shall maintain full and
accurate written records of all accounting, banking, financial and other matters
pertaining to Artist’s activities in the Entertainment Industry (including without
limitation all receipts and invoices in relation thereto). Artist will procure the preparation
and submission to Manager, within 15 days after the close of each calendar month, of a
full and detailed statement of gross revenues earned by Artist with respect to Artist’s
activities in the Entertainment Industry and such statement shall show in detail the
calculation of the applicable commission accruing due to Manager for the applicable
month together with payment to Manager of any sums due.
 Artist shall ensure that Manager shall have full access to and a right of audit in respect of
all books and records that relate to Artist’s activities in the Entertainment Industry and/or
to this agreement upon reasonable notice to Artist. In the event that any audit reveals an
underpayment to Manager.
 Artist shall immediately pay in full to Manager the amount of the underpayment and in
the event that such underpayment exceeds 10% of the sums due to Manager, Artist shall,
in addition, reimburse Manager’s audit costs (excluding travel and subsistence).
NOTICE:
 Any and all notices required or permitted under this agreement must be in writing and
delivered in person, by courier, or sent by email to Artist and Manager at the respective
addresses first set out above.
 A notice is deemed to have been given and received on the day on which transmission is
confirmed. If such day is not a business day, or not within general business hours, then
the notice is deemed to have been given and received on the next business day. A
courtesy copy of all notices to Manager shall be simultaneously sent to Lawyer Name,
………. Law Office Address……………..

REPRESENTATIONS AND WARRANTIES:


 Each party hereby represents and warrants to the other that he or it has the full power,
right and authority to enter into and fulfill the obligations under this agreement.
ASSIGNMENT & ENUREMENT:
 Neither party may assign this agreement or any of the rights or obligations hereunder
without the prior written consent of the other.
 Notwithstanding the foregoing, the parties agree that Manager may assign its business
management rights and obligations hereunder.
 This agreement shall enure to the benefit of and shall be binding on and enforceable by
the parties and their respective successors, personal representatives and permitted
assigns.
COUNTERPARTS & DIGITAL SIGNATURE:
 This agreement may be signed in counterparts, with each counterpart constituting an
original document. All counterparts, when taken together, shall constitute one and the
same instrument.
 The parties agree that electronically transmitted copies and/or digital signatures shall be
treated as originals and hereby waive any rights they may have to object to such
treatment.
INDEPENDENT LEGAL ADVICE
 Each party hereby confirms they have been advised of their right to retain independent
legal counsel in connection with the negotiation, legal effect and meaning of this
agreement, and Artist hereby confirms that they have either done so or have knowingly
and voluntarily waived such right.
 The parties understand and acknowledge that the law firm {Law Firm Name} solely
represents the interests of Manager with respect to the contents of this agreement.
{CHANGE IF ARTIST}
LAW TO GOVERN & ENTIRE AGREEMENT:
 The parties agree to negotiate a more formal agreement on either party’s request.
 Until such time that such a more formal agreement is fully executed, this agreement
constitutes the entire agreement between the parties hereto with respect to the subject
matter hereof and cancels and supersedes any prior understandings and agreements
between the parties hereto with respect thereto.
 This agreement will be governed by and construed in accordance with the laws of the
…………………and the federal laws applicable therein.
 Manager and Artist each attorn to the jurisdiction of the courts of the
……………….state

This agreement made as of the …..th day of ……….., 20……...


Please signify your agreement with the above terms by signing where indicated below.
______________________________ _______________________
LEGAL NAME OF MANAGER SIGNATURE
_____________________________
WITNESS:
______________________________ ______________________________
LEGAL & STAGE ARTIST NAME SIGNATURE
______________________________
WITNESS:

PREPARED BY:
SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com

NOTE
1. The terms of the above management contract favors the record label hence
if you represent the artiste you should change some of the above terms in favor
of your client.

COURT
PROCESSES
“IN LAW IT IS GOOD POLICY TO NEVER PLEAD WHAT YOU
NEED NOT, LEST YOU OBLIGE YOURSELF TO PROVE
WHAT YOU CAN NOT.”
– ABRAHAM LINCOIN

COURT PROCESSES
1.
APPLICATION FOR CIVIL SUMMONS

IN THE DISTRICT COURT OF ________________________


IN THE __________________ MAGISTERIAL DISTRICT
HOLDEN AT ______________________

SUIT NO:…………………
BETWEEN
TQ ………………… PLAINTIFF
AND
PQ ………………… DEFENDANT
APPLICATION FOR CIVIL SUMMONS
Please cause to be issued at the instance of the plaintiff against the defendant a civil
summons on the following terms:
1. (STATE THE FACTS WHICH THE SUMMONS AND YOUR CLAIMS ARE BE
BASED ON)
WHEREFORE the plaintiff claims from the defendant as follows:
1. The sum of N__________________ (_________________________).
2. 6% interest from the month of June till the final liquidation of the whole sum.
3. 10% interest from the date of filing this suit till the date of final liquidation of the
whole sum.
4. The cost of filing this suit.

DATED THIS…………………………DAY OF………………………….2018

CLAIMANT’S COUNSEL
SIGRID.C.OKAFOR ESQ.
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com

FOR SERVICE ON
DEFENDANT’S COUNSEL
VICTOR DAVIS Esq
PP: D. VICTOR & CO
No 128, Federal Road Lagos State

2.
THE UNDEFENDED LIST

SUIT NO:………………
BETWEEN
TQ ………………… PLAINTIFF
AND
PQ ………………… DEFENDANT

TO THE DEFENDANTS AT NO. …………………………….......................


YOU ARE HEREBY COMMANDED that upon the service of the writ of summons
upon you but not less than Five days before the date fixed for the hearing as hereunder
your file and deliver to the registrar of the High Court, Ilorin notice in writing that you
intend to defend this suit, together with an affidavit disclosing a defense on the merit,
and TAKE NOTICE that in default of doing so the suit shall be heard as an undefended
suit and judgment shall be given thereon as per the writ and affidavit without calling
upon the claimant to summon witness before the court to prove his case formally.
…………………..
Registrar
Date of hearing dated this …. Day of……………….202…..
Date this………………..Day of ……………….202….
N.B this writ is to be served within six calendar from the date thereof, or if any renewed,
within three months from the date the date and not afterwards. The defendant may
appear hereto by entering an appearance either personally or by legal practitioner at the
judicial division in which this writ issues.
When the defendant to he served is not a citizen of Nigeria, and is not in the common
wealth, notice of this writ and the writ itself is to be served upon him.
INDORSEMENTS
The claimant claims from the Defendant as follows:

NB: The Defendant may pay the amount claimed with the costs to the claimant’s
Legal Practitioner within the time herein above allowed for the appearance and upon
such payment the proceeding in this suit shall terminate.
This writ was issued by ………….. ESQ of ………….. & CO, whose address for
service is the Claimant’s Counsel, No. ……………………………………… State
legal practitioner for the said claimant who resides at No.
…………………………….
This writ was served by me at ……………………………….. on all the
Defendants(describe the mode of service) ……………….. on the ……………….
Day of …………………20…...
Indorsed this ………………day of ……………………..20…..
Signed ……………………………
Address ……………

3.
STATEMENT OF COMPLIANCE WITH PRE-ACTION PROTOCOL

IN THE HIGH COURT OF ……… STATE


IN THE ………… JUDICIAL DIVISION
HOLDEN AT ……………..

BETWEEN: SUIT NO:


1. ………………..CLAIMANTS

AND
1. ………………… DEFENDANTS

I, ________________________ make oath and state as follows:


1. We have complied with the direction of the pre-action protocol as set in the
preamble to the High Court Rules.
2. {STATE THE EFFORT MADE TO RESOLVE THE DISPUTE OUTSIDE
COURT.}

Dated this _______day of _________________2020


……………………
SIGNATURE
BEFORE ME

COMMISSIONER FOR OATH

4.
MEMORANDUM OF APPEARANCE

IN THE HIGH COURT OF……………….


IN THE………………… DIVISION
HOLDEN AT ……………………

SUIT NO: ………………..


BETWEEN

…………..……………………………. CLAIMANT
AND
…………………………………. DEFENDANT

MEMORANDUM OF APPEARANCE

BROUGHT PURSUANT TO ORDER ______ RULE ____ OF THE ________ HIGH


COURT (CIVIL PROCEDURE) RULES _________

Please enter a/an ________________ appearance for _________________sued as the defendant


in this suit.

Dated this ……………………….. Day of ……………………. 2018


SIGRID.C.OKAFOR ESQ
DFENDANT’S Counsel
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com
.
FOR SERVICE ON:
The Claimant Counsel
PP: J.B & CO
Johny Bravo Esq
Claimant’s Counsel
No 128, Federal Road

5.
HEARING NOTICE FOR PRE-TRIAL CONFERENCE

IN THE HIGH COURT OF _____________ STATE


IN THE ___________ JUDICIAL DIVISION
HOLDEN AT ______________

SUIT NO:
BETWEEN
1. ………….……………….CLAIMANT

AND
1. ……………………..… DEFENDANTS
2.

TAKE NOTICE that you are required to attend the court No …………. At the High Court of
………….. State at the ………. Judicial Division on the …………day of …………………….
20…… at 9 0’ clock in the forenoon for a Pre-trial Conference for the purposes set out
hereunder.
a) Disposal of non-contentious matters which must or can be dealt with on interlocutory
application;
b) Giving such directions as to the future course of the action as appear best adopted to
secure its just and expeditious disposal;
c) Promoting amicable settlement of the case or adoption of alternative dispute resolution.

2. Please, answer the questions in the attached pre-trial information sheet (Form 24) on a
separate sheet and submit 7 clear days before the above mentioned date.

Take Notice that if you do not attend in person or by legal practitioner at the time and place
mentioned, such proceeding will be taken and such order will be made as the court may deem
just and expedient.

Dated this ……. day of …………………… 20…___

Registrar

6.
PRE-TRIAL INFORMATION SHEET

IN THE HIGH COURT OF ……………. STATE


IN THE _____________ JUDICIAL DIVISION
HOLDING AT ______________
SUIT NO:
BETWEEN
1.
2. …………………………….CLAIMANTS

AND
1.
2. ………………………………..DEFENDANTS

ANSWERS TO QUESTIONS IN PRE-TRIAL INFORMATION SHEET


Quest 1: Do you require this action be consolidated with any other action(s)? If so,
give particulars
Answer: ___________________________________________

Quest 2: Are amendments to any writ or other process required?


Answer: ____________________________________________

Quest 3: Are further and better particulars of any pleading required? If so, specify
what particulars are required.
Answer: ____________________________________________

Quest 4: Do you object to any interrogations that may have been delivered pursuant
to Order 35 rule 1 of the High court (Civil Procedure Rules)? If so, state
the grounds of such objection in compliance with Order 35 rule 4 of the
Rules.
Answer: ____________________________________________

Quest 5: Do you object to producing any document in respect of which a request for
discovery has been made pursuant to Order 35 Rule 8 (1) of the High
Court (Civil Procedure) Rules? If so, state the grounds of such objection in
compliance with Order 35 Rule 8(3).
Answer: ____________________________________________

Quest 6: If you intend to make any additional admissions, give details.


Answer: ____________________________________________

Quest 7: Will interpreters be required for any witness? If so, state in what language.
Answer: ___________________________________________

Quest 8: Is this a case in which the use of a single or joint expert might be suitable?
If not, state reasons.
Answer: __________________________________________

Quest 9: Is there any way in which the court can assist the parties to resolve their
dispute or particular issues in it without the need for a trial or full trial?
Answer: __________________________________________

Quest 10: Have you considered some form of Alternative Dispute Resolution (ADR)
procedure to resolve or narrow the dispute or particular issues in it? If yes,
state the steps that have been taken. If not, state reasons.
Answer: _____________________________________________.

Quest 11: State any question or questions of law arising in your case, if any, which
you require to be stated in the form of a special case for the opinion of the
judge in accordance with Order 34 of the Rules.
Answer: _______________________________________

Quest 12: List the applications you wish to make at the pre-trial conference.
Answer: _____________________________________________.

Dated this ……..day of ………………………2019


SIGRID.C.OKAFOR ESQ
(DFENDANT’S Counsel
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com
FOR SERVICE ON:
THE CLAIMANT
C/O HIS COUNSEL
SHARON ESQ
SHARON CHAMBERS,
SANGO AREA, LAGOS

IN THE HIGH COURT OF _________________


IN THE ________________ JUDICIAL DIVISION
HOLDEN AT ______________
SUIT NO:
BETWEEN
1. ……………………………….CLAIMANT

AND

1. ……………………………DEFENDANTS
2.

ISSUES OF FACTS IDENTIFIED BY THE CAIMANT


1. Whether or not______________________________________________
2. Whether or not the Claimant is entitled to Claim Damages from the Defendants.

Dated this ………….day of …………….2019.


SIGRID.C.OKAFOR ESQ
(CLAIMANT’S Counsel
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com
FOR SERVICE ON:
THE DEFENDANT
C/O HIS COUNSEL
SHARON ESQ.,
SHARON CHAMBERS,
SANGO AREA, LAGOS STATE.

7.
ORIGINATING SUMMONS

IN THE HIGH COURT OF ……………………..


IN THE………….. JUDICIAL DIVISION
HOLDEN IN…………….
SUIT NO: ……………….
BETWEEN:
ABC - PLAINTIFF

AND

DEF - DEFENDANT

ORIGINATING SUMMONS
Let the Defendant DEF, of … within 30 days after service of this summons on you inclusive of
the day of such service cause an appearance to be entered for you to this summons which is
issued upon the application of the Plaintiff who will at the trial of this suit ask for the direction
of the Court for the determination of the following questions:
1. Whether ...
AND if the question aforesaid is answered and resolved in favor of the Plaintiff, it shall be
seeking the following reliefs from this honorable Court:
1. A DECLARATION that the Defendant having been ...
2. A DECLARATION that …
3. AN ORDER restraining ...
Dated at the Registry of the High Court of …………………
This ……………Day of……………….……2019
_____________________
Judge
This Summons was taken out by GHI, ESQ. of GHI & Co., 10 Kotonro Street, Abuja, whose
address within jurisdiction is JKL & Co. 11 Ring Road, Edo State, Legal Practitioners for the
above named Plaintiff. The Defendant may appear by entering appearance personally or by a
Legal Practitioner either by handing in the appropriate forms duly completed at the High Court
Registry of the Abuja Judicial Division or by sending them to that office by post
____________________
Registrar
NOTE: If the Defendant do not enter appearance within the time and at the above place
mentioned, such orders will be made and proceedings may be taken as the Judge may think just
and expedient.
__________________________
IDUH DANEL, Esq.
IDUH & CO.
10 Kotonro Street, Abuja
ghi@gmail.com
081*************
FOR SERVICE ON:
THE DEFENDANT
C/O HIS COUNSEL
SHARON ESQ.,
SHARON CHAMBERS,
SANGO AREA, LAGOS STATE.

IN THE HIGH COURT OF ……………………….


IN THE …………. JUDICIAL DIVISION
HOLDEN IN ………….

SUIT NO: ………………..


BETWEEN:
ABC - PLAINTIFF

AND

DEF - DEFENDANT

AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS

I, MNO, Male, Adult, Christian, Nigerian Citizen of No. 11 Ring road Benin City do hereby
make oath and state as follows:

1. That I am a Litigation Clerk in the law firm of GHI & CO., Counsel to the Plaintiff and
by virtue of my position, I am conversant with the facts of this case.
2. That I have the consent and authority of the Plaintiff and that of my employer to depose
to this affidavit on the basis of facts which came to my knowledge in the course of my
duties aforesaid.
3. That except otherwise stated, all facts deposed herein are facts given to me by the
Plaintiff which I verily believe to be true.

4. That I was informed by the Plaintiff on 15th November, 2019, by 11am in our office of
the following facts which I verily believe to be true.

a. That …
b. That …
c. That
d. That …
5. That it is in the interest of justice to grant the reliefs sought by the Plaintiff s in this suit.

6. That I depose to this affidavit in good faith and in accordance with the Oaths Act, LFN
2004
_______________
Deponent
Sworn to at the High Court of Edo State Registry, Abuja.
This ………. day of …………………20…..

BEFORE ME

COMMISSIONER FOR OATHS

WRITTEN ADDRESS
IN THE HIGH COURT OF ……………….
IN THE………… JUDICIAL DIVISION
HOLDEN IN …………….

SUIT NO: ………………..

BETWEEN:
ABC - PLAINTIFF

AND

DEF - DEFENDANT

WRITTEN ADDRESS IN SUPPORT OF THE ORIGINATING SUMMONS

1.0 INTRODUCTION:

1.1 The …
1.2 After the above resolution… but the Defendant continued to parade himself as…
1.3 Consequent on the above, the Plaintiff has filed this suit by an Originating Summons
seeking the following reliefs:

1. A DECLARATION that the Defendant having been...

2. A DECLARATION that…

3. AN ORDER restraining the Defendant…

1.4 The Originating Summons is supported by an affidavit and this Written Address in
urging this Honourable Court to grant the reliefs sought in the interest of justice.

2.0 ISSUE FOR DETERMINATION:

2.1 The Plaintiff most respectfully adopts the question for determination in this suit as its
sole issue for determination as follows:

“Whether…?”

3.0 LEGAL ARGUMENT:

“Whether…?”

3.1 On the sole issue for determination, we submit that the Defendant was …
3.2 The above provision is clear and unambiguous… and is such as should be given a literal
interpretation by this Honourable Court as the Courts are enjoined to do by a plethora of
authorities including the authority of TABIK INVESTMENT LTD & ANOR v. GTB
(2011) LPELR-3131(SC) Pp. 12-13, paras. C-B where it was held as follows:
"It is settled law that a legislation is to be given its ordinary interpretation
and effect, most especially where the words used are straight forward and
unambiguous. See Toriola v. Williams 1982 7 SC. 27, Sunmonu v. Oladokun
1996 8 NWLR part 467 page 387, and Lawal v. G. B. Ollivant 1972 3 SC.
124. In this vein, I subscribe to the holding of the lower Court which is
encapsulated thus:- "I think from whichever angle one looks at the
provision of this section, one can hardly escape arriving at the only rule of
Interpretation of statutes which are clear and unambiguous that is golden
rule of interpretation. This section to my mind is so clear and unambiguous
that is golden rule of interpretation. This section to my mind is so clear and
direct. The repeated use of the word 'shall' in the section in my view
indicates mandatoriness." (Underlined for emphasis)

See also ADESANOYE & ORS v. ADEWOLE & ANOR (2000) LPELR-142(SC)
and NPA PLC v. LOTUS PLASTICS LTD & ANOR (2005) LPELR-2028(SC).

3.3 In the light of this provision…


3.4 In this case…
3.5 We submit that … This position was affirmed in the very recent case of GANA v. SDP
& ORS (2019) LPELR-47153(SC) Pp. 15-16, paras. B-C where the Supreme Court
held as follows:

"….. a political party, like any other organisation, is bound by its Constitution.
In all the foregoing cases, this Court took a firm position that a political party
is bound by its own Constitution. All members of the political party are also
bound by the provisions of the Constitution of the political party they belong.
Obaseki, JSC in ONUOHA v. OKAFOR (supra) had put it forcefully thus -
The party like any other corporation, operates within the guidelines, the
powers and duties set out in its Constitution. All its members are bound by its
provisions and their rights and obligations created by their Constitution can be
remedied as provided by the Constitution if breached by any of its members -
Accordingly, the rights and obligations of the members of the SDP (1st
Respondent), including the Appellant and the 5th Respondent, are defined by
their party Constitution. They, both the party and its members, "are bound by
its provisions and their rights and obligations created by their Constitution can
be remedied as provided by the Constitution, if breached" either by the party or
any of the members of the party." (Underlined for emphasis)

3.6 We also commend to my Lord the decision in LAU v. PDP & OR (2017) LPELR-
42800(SC).

3.7 In the light of the above firm and settled position of the law, we submit that …

3.8 It is in the light of the above that we urge this honorable Court to give effect to the
provision of the Plaintiff’s Constitution and to...

3.9 On the whole, we urge this honorable Court to resolve this issue in favor of the Plaintiff
and against the Defendant.

4.0 CONCLUSION:

4.1 In conclusion, we urge this honorable Court to find in favor of the Plaintiff and grant the
reliefs sought in this Originating Summons in the overriding interest of justice.

Dated this ……. Day of November, 2019

Signed by: ______________________


IDUH DANEL, Esq.
IDUH & CO.
10 Kotonro Street, Abuja
ghi@gmail.com
081*************
FOR SERVICE ON:
The Defendant:
DEF
10, WUSA ABUJA
8.
EX PARTE MOTION FOR INTERLOCUTORY INJUNCTION UPPER AREA
COURT
IN THE UPPER AREA COURT 1 OF KWARA STATE
IN THE ILORIN JUDICIAL DIVISION
HOLDEN AT ILORIN
Suit No.:______
BETWEEN:
1. .......................………………………Plaintiff/Applicants
AND
2. …………………..….........……........ Defendants

MOTION ON EX PARTE
BROUGHT PURSUANT TO ORDER 5 RULE 1&2, AREA COURT CIVIL
PROCEDURE RULES OF KWARA STATE AND UNDER THE INHERENT POWER
OF THIS HONOURABLE COURT

Take notice that, this honorable Court shall be moved on the………….day of……......2018 at
the hour of 9 O’ clock in the forenoon or so soon thereafter and counsel to the plaintiff
/Applicant will be heard praying the Court for the following relief(s):
1. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the Defendants
from demolishing or Renovating the building at ………….pending the determination
of the substantive suit.

2. AN ORDER of INTERLOCUTORY INJUNCTION restraining the Defendants from


embarrassing and inconveniencing the plaintiff/applicant pending the determination
of the substantive suit.

3. AND FOR SUCH FURTHER ORDER(s) as this honorable court may deem to make
in the circumstance of this case.

GROUNDS OF THE APPLICATION

1. The plaintiff/Applicants’ brought an action vide application for civil summons against
the Defendants.

2. The plaintiff/applicant is yearly tenant to the Defendants and whose rent is yet to expire
on the ……………..

3. That the second defendant has sold the building to the 1 st defendant who without due
procedure threatened to demolish or renovate the building without due recourse to the
legal right of the plaintiff as tenants in the building.

4. That if the Defendants demolishes the building we will be displaced and such act will be
contrary to the provisions of Rent Recovery law of Kwara state.

5. That the plaintiff/applicant by law is entitled to 6 months’ notice to quit which the
Defendants did not comply with especially since the rent of the plaintiffs rent are yet to
expire.
6. That we were reliably informed that Defendants intend to demolish or renovate the
building which we are still living in as tenants.

Dated this ……………. day of ………………………. 2018

………………………….
IDUH DANEL, Esq.
IDUH & CO.
10 Kotonro Street, Abuja
ghi@gmail.com
081*************
FOR SERVICE ON:
IN THE UPPER AREA COURT 1 OF KWARA STATE
IN THE ILORIN JUDICIAL DIVISION
HOLDEN AT ILORIN
Suit No.:______
BETWEEN:
1. ………………..........…………………… Plaintiff/Applicant
AND
1. ………………..........…….............. Defendant/Respondent
AFFIDAVIT IN SUPPORT OF MOTION EX PARTE
I, …………… , Male, Adult, Christian, Nigerian Citizen of NO…………. Ilorin, Kwara State
do hereby make oath and state as follows:

1. That I am the individual with the above particulars.


2. That I am the 2nd plaintiff/Applicant in this case and I have the consent of the 1 st plaintiff
to depose to this affidavit as I am conversant with the facts of this case.
3. That I know as a fact I instituted an action via civil summon against the
Defendants/Respondents.
4. That I am a tenant in one of the flat of the 2 nd defendant building located at No…..
……………Ilorin, before the building was sold to the 1st defendant.
5. That I paid my rent on the ….. th day of ….. and the 1 st plaintiff paid his on the ….. h
………….. to the 2nd defendant which is to expire on the …….st ……….. Before the
building was sold to the 1st defendant, the receipt of payment referred to above is
attached to and marked annexure A1,2.
6. That the 1ST DEFENDANT gave letters to my co tenants but I was not given but I got to
know that the said letter emanated from the 1 st defendant lawyer, B.D ESQ notifying us
about the change of ownership of the property and issuance of notice of 3 months to
vacate the building, on the reason that the 1st defendant want to carry out expensive
renovation on the building.
7. That on the 6 th day of March 2018, I equally received another letter titled “REMINDER
OF QUIT NOTICE”, where the 1st defendant gave us till 18th day April 2018, to vacate
the building, they further informed us that the renovation will commence on the 20 th
April 2018 and we were threatened to vacate to the building to avoid embarrassment or
inconveniences, the letter is attached herein and marked as exhibit A2 respectively.
8. That since after the service of the last letter dated 6 th day of March 2018, we have been
living in fear of embarrassment or inconveniences as promised in their letter (exhibit A2)
9. That I know as of fact that it is only the court that has the power to stop the 1 st defendant
from the embarrassment or inconveniences they have promised us.
10. That I know as of fact that the content of the 1 st defendants letter dated …th ……..is not a
one that can be over looked and I don’t have anywhere to take my family to as I have
been making plans and hoping that I will get money for another rent at the end of
………..20….
11. That I went to see my lawyer I.E ESQ in his office and he informed me as stated below
and I verily believed him as thus;

(a) That the rules of this honorable court required that the Defendants must issue us with 6
months notice to quit and notice Of owners intension to recover possession before they
can legally eject us especially when our rent is still running.
(b) That the defendant has no legal right to neither embarrass nor inconvenience the plaintiffs.
(c) That the Defendants will not be prejudiced if this application is granted.
(d) That it is in the interest of justice to grant this application in order to avoid any form of
embarrassment from the Defendants as promised.
(e) That this court has the power to stop the defendants from causing any form of either
embarrassment or inconveniences by demolishing the building or renovating same.
12. That I honestly believe it will be in the interest of justice to grant this application.
13. That I depose to this affidavit conscientiously believing it to be true and correct and in
accordance with the oath Act in force.

............................
DEPONENT

SWORN TO AT THE REGISTRY OF THE UPPER AREA COURT 1 ILORIN

Dated this …………day of ……………………................2018


BEFORE ME

COMMISSIONER FOR OATHS.


9.
EX PARTE MOTION FOR SUBSTITUTED SERVICE
IN THE DISTRICT COURT OF KWARA STATE
IN THE ILORIN MAGISTERIAL DISTRICT
HOLDEN AT ILORIN.
SUIT NO: …………………….
BETWEEN
CMF LTD …………..……………………… PLAINTIFF
AND
V.E……….…….……………………………. DEFENDANT
MOTION EXPARTE
BROUGHT PURSUANT TO ORDER 4 RULE 4(D) OF THE DISTRICT COURT
RULES OF NORTHERN NIGERIA AND WITHIN THE INHERENT
JURISDICTION OF THIS HONOURABLE COURT
TAKE NOTICE that this honorable court will be moved on the Day of ……………..
2018 at the hour of 9’0 clock in the forenoon or so soon thereafter as the counsel to the
claimant/applicants will be heard Praying this honorable court for the following reliefs:
1. AN ORDER of this honorable court allowing the originating processes in this suit to
be served on the defendant via substituted means vis-à-vis pasting same at 2ND FLAT
BEHIND ………………, ILORIN, KWARA STATE.

2. AN ORDER that service of the originating process afore said be deemed to be


personal service properly and duly served on the defendants if pasted at the entrance
of 2ND FLAT……………………..ILORIN, KWARA STATE.

3. AND FOR SUCH FURTHER ORDER or orders as this honorable court may deem
fit to make in the circumstances of this case.
GROUNDS OF THIS APPLICATION
1. This rules of this court demand that service of originating process be served
personally on the defendants
2. That effort has been made to affect personal service but all to no avail.
3. That the rules allow substituted service where personal service cannot be
conveniently affected
4. The leave of this court is required to serve on the respondent the process of this
court by substituted means
5. It is in the interest of justice to grant this application.
6. That the belief of this court has been to the last known address of the defendant
several times to effect service but met the absence of the defendant.
7. That the need for substituted service arose because personal service cannot be
affected
8. Substituted service is invoked where the defendant is evading service
9. The Defendants has impliedly refused to collect the service personally as required
by law.
10. The belief of this honorable court has equally put up a call to him but he still
refused to appear to be served.

Dated this ……….day of………………..2018


_______________________
E. I ESQ
E.I &CO
Solicitors & Advocates
Rightful Chambers
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin
Kwara
FOR SERVICE ON:
IN THE DISTRICT COURT OF KWARA STATE
IN THE ILORIN MAGISTERIAL DISTRICT
HOLDEN AT ILORIN.
SUIT NO: …………………….
BETWEEN
CMF LTD …………..……………………… PLAINTIFF
AND
V.E……….…….……………………………. DEFENDANT
AFFIDAVITT IN SUPPORT OF MOTION EXPARTE
I,………., Female, Adult, Muslim, Nigerian Citizen of No. 97768 Orlu road off Yusuf
Mohammed Road, Ilorin Kwara State do make oath and state as follows:
1. That I am the litigation secretary in the office E.I &CO and I have the consent of
my principal E.I ESQ and that of the Applicant to depose to this affidavit.
2. That I am conversant with the facts deposed herein based on my position in the
office.
3. That the claimant/applicant has brought an action of an application for civil
summons against the defendant outstanding debt of ……………………0KOBO
only.
4. That I know as a fact that every attempt to personally serve the defendant has
proved abortive.
5. That I was informed by E.I ESQ, the counsel my principal who is representing
the applicant in this case and I verily believe him as follows:
a. That he was informed by the bailiff of this honorable court that personal
service could not be affected on the defendant because he has been
deliberately evading services.
b. That all efforts of the bailiff to serve the defendant proved abortive.
c. That the bailiff was unable to serve the defendant personally.
6. That I know as of fact that the bailiff of this court has called the defendant to
notify him of the process but all to no avail as he refused to present himself.
7. That I know as of fact that all required step necessary has been taken by the
claimant to serve the defendant.
8. That I know that the defendant have intentionally refused to present himself for
the service.
9. That I know as of fact that granting this application is to ensure fairness on the
both side
10. That based on the above, I know as a fact that the bailiff of the court has deposed
to an affidavit of non-service which is already before the court.
11. That my principal D.I ESQ further informed me and I verily believed him as
follows:
a. That the rules of this honorable court are that substituted service is required
when personal service cannot be conveniently affected as it happened in this
case.
b. That the defendants will become aware of the suit pending against him if the
process of this court is pasted on the entrance of their last known address.
c. That the respondent will not be prejudiced if this application is granted.
d. That it is in the interest of justice to grant this application.
12. That I depose to this affidavit in good faith believing the content to be true and
correct and in accordance with the oath Act.
………………………….
DEPONENT
SWORN TO AT THE HIGH COURTREGISTRY, ILORIN
THIS ………………..DAY OF ………………….2018
BEFORE ME

COMMISSIONER FOR OATHS


IN THE DISTRICT COURT OF KWARA STATE
IN THE ILORIN MAGISTERIAL DISTRICT
HOLDEN AT ILORIN.
SUIT NO: …………………….
BETWEEN
CMF LTD …………..……………………… PLAINTIFF
AND
V.E……….…….……………………………. DEFENDANT
WRITTEN ADDRESS IN SUPPORT OF MOTION EXPARTE
1.0 INRODUCTION
1.1 This is motion exparte brought pursuant to order 4 Rule 4 (D) of the District court
rules of Northern Nigeria and under the inherent jurisdiction of this honorable court.
The prayers and the grounds for the application is supported with 12 paragraphs
affidavit deposed to by one A. M the litigation secretary in the applicant counsel law
firm.
2.0 ISSUE FOR DETERMINATION
We submit with due respect that the sole issue that arose for your Lordship’s
determination is:
“Whether a substituted service can be affected on the parties in the event of
non-personal service on the defendant”

3.0 ARGUMENT OF THE SOLE ISSUE


3.1 personal service of process is germane to the institution of the suit in order to abreast
the defendant of being aware of the pending suit against him and to give him ample of
being heard. However, if personal service cannot be effected on the defendant, it is
therefore our humble submission that substituted service can be effected by order of the
court in the event of non-personal service on the respondent. We rely on the authority of
JASIAH K. OWODUNNI & ORS VS. THE REGISTERED TRUSTEES OF
CELESTIAL CHURCH OF CHRIST (2007) WRN 111 at 120 where Per
Muhammed, JCA observes thus:
“Service by substituted means would only be ordered where it appears to the court
(either after or without an attempt to personal service) that for any reason personal
service cannot conveniently effected”.
We submit that having attempted to serve the respondent personally, which was in futile,
the only legally available option is to serve the respondent via a substituted means i.e.
pasting the court processes on the last known address of the respondent.
We further submit that the essence of service is to ensure that the other party is properly
put on notice and given an opportunity to be heard based on the principle of natural
justice, equity and good conscience. See GUY & CO PROPERTIES LTD & 1ORS
VS. KIO-LAWSON (2007) 3138 at 145
3.0 Most obliged.
Dated this …day of ………2018
______________________
E. I ESQ
E.I &CO
Solicitors & Advocates
Rightful Chambers
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
10.
MOTION FOR EXECUTION OF JUDGMENT ON IMMOVABLE PROPERTY

IN THE HIGH COURT OF………….. STATE


IN THE ………..UDICIAL DIVISION
HOLDEN AT …………
BETWEEN
1. MR. C N ………………CLAIMANTS/APPLICANT

AND
1. MRS. A. H.……....DEFENDANTS/RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER…… RULE …(..)....................................... OF
THE ………………… HIGH COURT (CIVIL PROCEDURE) RULE (20……)
AND UNDER THE INHERENT POWER OF THIS HONOURABLE COURT

Take notice that, this honorable Court shall be moved on the………….day


of……………………………..2017 at the hour of 9 O’ clock in the forenoon or so soon
thereafter and counsel to the claimant/Applicant will be heard praying the Court for the
following relief(s):
1. AN ORDER of this honorable court attaching the defendants/respondents
buildings situate at....................................covered by Statutory Right of
Occupancy No: …………… DATED 24th June, 2015, for the execution of this
honorable court judgment delivered on the...............................
2. AN ORDER of this honorable court attaching the defendants/respondents
buildings situate at off Asa-Dam road, Ilorin, for the execution of this honorable
court judgment delivered on the ...............................
3. AND FOR SUCH FURTHER ORDER(s) as this honorable court may deem to
make in the circumstance of this case.

GROUNDS OF THE APPLICATION

1. The Claimants/Applicants’ brought an action vide undefended list against the


Defendants/Respondents.
2. This honorable court delivered her judgment on the ............day of...............2017.
3. That the rules of this honorable court required leave of this court to be sought and
obtained before carrying out the execution of her judgment.
4. That it is in the interest of justice to grant this application in order to give the
Applicants to enjoy the fruits of the court’s judgment.

Dated this ……………. day of ………………………. 2017

______________________
IDUH DANEL, Esq.
IDUH & CO.
10 Kotonro Street, Abuja
ghi@gmail.com
081*************.

FOR SERVICE ON:


1.
2.
3.
IN THE HIGH COURT OF ………………. STATE
IN THE…………… JUDICIAL DIVISION
HOLDEN AT………………
BETWEEN
1. MR. C N ………………CLAIMANTS/APPLICANT

AND
1. MRS. A. H.……....DEFENDANTS/RESPONDENT

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE


I, MR. C N, Male, Adult, Christian, Nigerian Citizen of, ………. road, Ilorin, Kwara
State do hereby make oath and state as follow:

1. That I am the individual with the above particulars.


2. That I am the Applicant in this case and I am conversant with the facts of this
case.
3. That I know as a fact I instituted an action vide undefended list against the
Defendants/Respondents.
4. That the originating process was served on the Respondent based on the order of
this honorable court
5. That this honorable court, after hearing this case delivered her judgment on
the ............day of...............2017.
6. That I was informed by ………… Esq., the counsel representing me at his office,
at about 9:00Am on the 15th of July, 2017 and I verily believed him as follow:-
(a) That the rules of this honorable court required leave of this court to be sought and
obtained before carrying out the execution of her judgment.
(b) That the Defendants will not be prejudiced if this application is granted.
(c) That it is in the interest of justice to grant this application in order to enjoy the
fruits of this court’s judgment.
7. That I honestly believe it will be in the interest of justice to grant this application.
8. That I depose to this affidavit conscientiously believing it to be true and correct
and in accordance with the oath Act in force.
............................
DEPONENT

SWORN TO AT REGISTRY, ILORIN

Dated this …………day of ……………………................2017


BEFORE ME

COMMISSIONER FOR OATHS.

11.
APPLICATION FOR BAIL

IN THE FEDERAL HIGH COURT OF NIGERIA


IN THE …………JUDICIAL DIVISION
HOLDEN AT …………….
CHARGE NO: …………………
BETWEEN

FEDERAL REPUBLIC OF NIGERIA…………………COMPLAINANT

AND

E. L ………………………….…..DEFENDANT

MOTION ON NOTICE
BROUGHT PURSUANT TO SECTION …..(…) OF THE ADMINISTRATION OF
CRIMINAL JUSTICE ACT 20…. AND SECTION 19 OF THE ADVANCE FEE
FRAUD AND OTHER FRAUD RELATED OFFENCES ACT AND SECTION 35
(1) AND SECTION 36(5) OF THE CONSTITUTION OF THE FEDRAL
REPUBLIC OF NIGERIA 1999(AS AMENDED) AND UNDER THE INHERENT
JURISDICTION OF THE COURT
TAKE NOTICE that this honorable court will be moved on ………… of
……………………, 20…. at the hour of 9 O’ clock in the forenoon or so soon thereafter
as the counsel for the Defendant/Applicant may be heard on behalf of the Defendant
application praying the honorable court for the following Reliefs:

1. AN ORDER of the honorable court admitting the Defendant /Applicant to bail


pending the hearing and determination of the criminal charge No; ………. against
him on liberal terms.

2. AND FOR SUCH FURTHER ORDER OR ORDERS AS THIS HONORABLE


COURT MAY DEEM FIT TO MAKE IN THE CIRCUMSTANCES.

GROUNDS UPON WHICH THIS APPLICATION IS BROUGHT;


1) The Applicant is deemed innocent until pronounced guilty by a court of
competent jurisdiction.
2) Bail is a constitutional right.
3) The offence for which the applicant is charged is bailable.
4) The applicant has been in detention for a period of 17 days which has exceeded 48
hours, having been detained from the evening of the 11th day of February 2019.
5) The Defendant/Applicant is ready and willing to stand for his trial.
6) The Defendant requires sufficient time and adequate opportunity to formally brief
and sit down with his counsel to prepare his defense.

FURTHER TAKE NOTICE that at the hearing of this application Defendant/Applicant


shall rely on the charge sheet and any other relevant documents before the court.

DATED THIS ………… DAY OF ……………………., 20….

IDUH DANEL, Esq.


IDUH & CO.
10 Kotonro Street, Abuja
ghi@gmail.com
081*************
FOR SERVICE ON
O.B C M ESQ
Economic and financial crimes commission
Legal and prosecution department
Economic and financial crimes commission
No. 1, catchment close, off forest road,
G.r.a, Ilorin, Kwara state.
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ………. JUDICIAL DIVISION
HOLDEN AT…………….
CHARGE NO: ……………..
BETWEEN

FEDERAL REPUBLIC OF NIGERIA…………………COMPLAINANT

AND

E. L ………………………….…..DEFENDANT

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE


I, E. K, Male, Christian, Businessman, Nigeria citizen of ………………………. State,
do hereby make oath and state as follows:
1. That I am the brother of the accused/applicant and by virtue of which fact I am
quite conversant with facts of this case.
2. That I have the authority and consent of the applicant to depose to this affidavit.
3. The Applicant has been kept in detention by the Respondent in the Economic and
Financial crimes commission cell at their No;1 Catchment close off forest Road
G.R.A Ilorin Kwara State since …….th ………… 20…… till date.
4. That I know that the accused/applicant was arrested by men of Economic and
Financial Crimes Commission on the …….th………., 20….. and since then, he
has been on detention till date.
5. That on the …..th ………, 20….. at about ……….pm, I was at the economic and
Financial Crimes Commission’s office at No. 1, catchment Close, off forest Road,
G.R.A, Ilorin, Kwara state with the applicant where I was informed by the
accused/applicant of the following facts which I verily believe to be true.
A. That he was arrested by men of the Economic and Financial crimes Commission
at No. 41, Achile street, irrewolede area Ilorin, at his friend’s place when he came
to give his friend his phone which he gave to him to repair, but that he did not
commit and had no intention of committing the alleged offences.
B. That he is always in my shop learning how to repair phone which he has learnt for
more than one year.
C. That he assist my business and has been a responsible citizen of Nigeria.
D. That he has never and will never commit the alleged offences as his focus is to
gain admission and pursue his studies and become a useful person for his family
and the societies.
E. That he has been in detention for seventeen days.
F. That his continuous detention will not avail him the opportunity to prepare for his
defense adequately.
G. That he has been detained more than required and no money was found in his
possession.
H. That he tried to explain to the complainant of his innocence and how he came to
the place, only to drop the phone that his friend gave him to repair but the
complainant refused to listen.
I. That if granted bail, that he will be in court at every adjourned date to face his
trial.
J. That he has reliable suite with traceable address to stand for him if granted bail.
6. That he confided in me that he is willing and eager to have this case tried and to
present his defense before this honorable court.
7. That he will be available and punctual at all times during the trial of this case
and will not violate the condition of his bail if granted.
8. That if he is granted bail, he would not jump bail.
9. That he is also prepared to provide reasonable sureties.
10. That it is in the interest of justice that this application for bail is granted
11. That I swear to this affidavit in good faith believing same to be true and correct
to the best of my knowledge and in accordance with the oath Act.

DEPONENT

SWORN TO AT THE FEDERAL HIGH COURT


………………….

THIS ……………. DAY OF ………………………., 20…

BEFORE ME
COMMISSIONER FOR OATHS

IN THE FEDERAL HIGH COURT OF NIGERIA


IN THE …………… JUDICIAL DIVISION
HOLDEN AT ILORIN
Charge no: ………………..
BETWEEN

FEDERAL REPUBLIC OF NIGERIA…………………COMPLAINANT

AND

E. L ………………………….…..DEFENDANT

WRITTEN ADDRESS IN SUPPORT OF THE MOTION FOR BAIL


1.0. INTRODUCTION
1.01. This is a motion on notice praying that the Defendant/Applicant be admitted to
bail pending the hearing and determination of the charge against him.
1.02. The Application is supported by 11 paragraph affidavit deposed to by E. K the
Defendant/Applicant elder brother.
1.03. We shall most humbly be relying on all the paragraphs of the affidavit in support
of the application.
1.04. The Application is brought pursuant to section 19 of the Advance Fee Fraud and
Other Fraud Related Offences Act, section 32(3) of the Administration of
Criminal Justice Act 2015, section 35(1) and 36(5) of the constitution of the
Federal Republic of Nigeria 1999 and Under the Inherent Jurisdiction of the
court.

2.0. ISSUES FOR DETERMINATION


My lord, we have formulated one (1) issue arising from the facts of this case for
determination as thus:
“WHETHER THE DEFENDANT/APPLICANT OUGHT TO BE
GRANTED BAIL BY THIS HONOURABLE COURT PENDING
THE DETERMINATION OF THE CHARGE AGAINST HIM?”

3.0. LEGAL ARGUMENTS


3.1. My lord, we shall now consider the sole issue formulated above in the light of
relevant statutory provisions, judicial authorities and evidence adduced one after
the other.
3.2. My lord, by virtue of Section 19 of the Advance fee Fraud and other related
offence Act, this court has power to grant bail to an accused person charged with
an offence under the Act or any other law triable by this court.
3.3. May I most humbly refer my lord to the case of ONYIRIOHA VS. I.G.P (2009)
3 NWLR (PV 1128) 342 at page 364.
3.4. The provision of the advance fee fraud and other related offences act as regard
bail, the court is expected to exercise its discretion judicially and judiciously
taking into consideration the interest of the accused, who is presumed innocent,
the complaint and above all the overall interest of the public.
3.5. In the case of DOKUBO-ASARI V. F.R.N (2007) LPELR-958 (SC) PP. 9-11,
PARA B-E.
PER MUHAMMAD J.S.C held as thus:
“when it comes to the issue of whether to grant bail or refuse bail pending
trial of an accused by the court, the law has set some criteria which the trial
court shall consider in the exercise of its judicial discretion to arrive at a
decision”
These criteria have been well articulated in several decisions of this court, such criteria
include among others the following:
I. The nature of the charge.
II. The strength of the evidence which support the charge.
III. The gravity of the punishment in event of conviction.
IV. The previous criminal record of the accused if any.
V. The probability that the accused may not surrender himself for trial. The
likelihood of the accused interfering with witnesses or may suppress any evidence
that may incriminate him.
VI. The likelihood of further charge being brought against the accused.
VII. The probability of guilt.
VIII. Detention for the protection of the accused.
IX. The necessity to procure medical or social report pending final determination of
the case, see also BAMAIYI VS. STATE (2001) 8 NWLR (PV 715) 270.
3.6. It is clear from the evidence before the court against the accused person that there
is nothing so incrimination to warrant the further detention of the accused who
has spent more than 17 days in the complainant cell against the fundamental right
of the defendant, who ought to have been arraigned before the court ever before
now.
3.7. I further submit that the weight of the proof of evidence before the court is not
sufficient enough to warrant continuous detention of the accused person.
3.8. I further submit that granting or refusal of bail is the total and unfettered
discretion of the court, see CHUKWU V. F.R.N & ANOR (2018) LPELR-
44519 (CA) PP 6-18 PARA E. PER OBASEKI ADEJUMO J.C.A held as
thus:
“Without doubt, the authorities are replete on the position that bail is the
setting at liberty of an accused person subject to certain conditions but
mainly of which will ensure that the person been set free from custody will
appear at certain place on prescribed day as he will be required to”
3.9. It is also trite that a person charged with a felony other than one punishable with
death may be granted bail if the court deems it fit.
3.10. The decision whether or not to grant bail in such case is a matter within the
judicial discretion of this court.
3.11. The exercise of judicial discretion must be devoid of consideration of extraneous
facts.
3.12. The most important consideration in the bail decision is the determination of what
criteria the court should use or invoke in granting or refusing bail.
3.13. The bail ability of the accused depend largely on the weight the court attaches to
one or several of the criteria open to it in any given case.
3.14. The court is equally enjoined not to exercise its whims indiscriminately.
3.15. Finally, I submit that granting of bail by a court is discretionary and I most
humbly urge the court to exercise the discretion in favor of the accused person
who is ready to stand for his trial and will be ready to meet the most liberal
conditions if the discretion of court is exercised in his favor, as the refusal of bail
at this stage will amount to pretrial conference.
3.16. In conclusion, we pray the court to grant the accused bail in a liberal term.

Dated this……. Day of …… …………., 20……

_______________________
IDUH DANEL, Esq.
IDUH & CO.
10 Kotonro Street, Abuja
ghi@gmail.com
081*************
FOR SERVICE ON:
O.B
C M ESQ
ECONOMIC AND FINANCIAL CRIMES COMMISSION
LEGAL AND PROSECUTION DEPARTMENT
ECONOMIC AND FINANCIAL CRIMES COMMISSION
NO. 1, CATCHMENT CLOSE, OFF FOREST ROAD,
G.R.A, ILORIN, KWARA STATE.
12.
APPLICATION FOR CIVIL SUMMONS
IN THE UPPER AREA COURT 1 OF ……………………..
IN THE …………. JUDICIAL DIVISION
HOLDEN AT …………………
Suit No.:______
BETWEEN:
MR.G O .......................……………….....………Plaintiffs
AND
U. M LTD ….........…....…...... Defendants

APPLICATION FOR CIVIL SUMMONS


Please cause to be issued at the instance of the Plaintiffs against the defendants a civil
summons on the following terms:
1. The 1st &2nd Plaintiff/Applicants are yearly tenants to the Defendants on their
property located at no……………………………
2. That the 1st defendants is the new landlord with its address at
No…………….state.
3. That the 2nd defendant is the former landlord who transferred ownership to the 1 st
defendant with his address at no…………………………. sate.
4. That the 1st &2nd Plaintiff/Applicants on……20…. and ………20…… paid their
rent which is to expire on …..th of ……, 20….. and ….st day of May 2018 and
same was issued with a receipts of payment. The said receipts of payment are
attached herein and marked as Annexure A1&A2 Respectively.
5. That the 1st defendant caused to be served on the plaintiff a letter dated …. th of
……. 20…. through his lawyer B.A. ESQ, notifying them of a change in
ownership of the demise property and an issuance of three months’ notice to quit
reason being that there is to be carried out a renovation of the building. The said
letter is attached herein and marked as Annexure A3.

6. That on the …..th day of …….., the 1st & 2nd Plaintiff/Applicants was served with
another letter from the Defendant titled “REMINDER OF QUIT NOTICE” in
which the Plaintiff was given till …… th of April ……. to vacate the demise
premises and was further informed that renovation of the premises will
commence on the ……th of ……, 20…..and was threatened that they will be
embarrassed and inconvenienced if they don’t vacate on or before the date given.
The letter is hereby attached herein and marked as Annexure …..&…..

7. That upon the receipt of the letter dated 6 th of March, the Plaintiff/Applicant
replied via a letter dated ………. th of ……….., 20…… demanding that their
legally entitled statutory notices. The said letter is attached herein and marked as
Annexure A6.

8. That the 1st &2nd Plaintiff/Applicant are entitled to six months’ notice to quit
being yearly tenants who have paid their rent within due time. That the act of the
defendants will amount to a violation of the provision of the Rent Control and
Recovery of Residential Premises Law of Kwara state, if it is allowed.

9. That the duration paid for and covered by the rent still subsists and has not yet
elapsed.
10. That the 1st & 2nd Plaintiff/Applicants will be displaced if such act as threatened
by the Defendant is carried out.

The 1st & 2nd Plaintiff therefore claims against the Defendants as follows:
a) An ORDER OF THE COURT mandating the Defendants to give the 1 st &2nd
Plaintiff the necessary required statutory notices which include six months notice
to quit and notice of intention to recover demise premises before taking any step
to eject the plaintiffs.

b) An ORDER OF THE COURT mandating the Defendants to pay the plaintiffs the
sum of N500, 000.00 (Five Hundred Thousand Naira) each as general damages
for the psychological trauma and fear inflicted on them.
c) An ORDER OF THE COURT prohibiting the defendant form demolishing and
renovation of the building until the expiration of the rent paid for by the Plaintiffs.
d) The cost of N200,000 being the total cost of professional fee and filing fee
incurred instituting this action.

DATED THE ……TH DAY OF ………. 20…..

________________________
IDUH DANEL, Esq.
IDUH & CO
Solicitors & Advocates
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
ghi@gmail.com
081*************

FOR SERVICE ON:


1st DEFENDANT
James white
NO.23 Oko Road
Ilorin Kwara state

13.
MOTION TO REOPEN CASE AND CALL WITNESS
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: …………
BETWEEN
ABC …………………………………………………….. CLAIMANT
AND
DEF
GHI
JKL ………………………………………………………… DEFENDANT
MOTION ON NOTICE
BROUGHT PURSUANT TO SECTION 36 OF THE CONSTITUION OF THE
FEDERAL REPUBLIC OF NIGERIA (AS AMENDED); ORDERS 18, 34 AND 43
OF THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY (CIVIL
PROCEDURE) RULES 2018 AND UNDER THE INHERENT POWERS OF THIS
HONOURABLE COURT.
TAKE NOTICE that this honorable Court shall be moved on the … day
of …………, 2020 at the hour of 9 O’ clock in the forenoon or so soon thereafter as
Counsel may be heard on the application of the Claimant/Applicant for the following
orders:
1. AN ORDER of this honorable Court granting leave to the Claimant/Applicant to
reopen his case and to recall the Claimant, EJI, who testified as PW1 in this suit
to further testify.

2. AND FOR SUCH FURTHER OR OTHER ORDERS as this honorable Court


may deem fit to make in the circumstance.
THE GROUNDS UPON WHICH THIS APPLICATION IS BROUGHT ARE AS
FOLLOWS:
1. The Claimant’s Amended Statement of Claim was regularized on ….. st ……., 20…
and the matter was subsequently adjourned to …. th and ….th …….., 20… for
hearing.

2. On ….th and ….th of ……., 20……. the Claimant opened his case and testified as
PW1. 1st and 2nd Defendants cross examined the Claimant but 4 th and 5th Defendants
stated that 4th and 5th Defendants had no questions for the Claimant. The matter was
adjourned to ….th ……, 20…… for Adoption of Final Written Addresses, upon the
failure of the 1st-5th Defendants to open their case and enter their Defense.

3. On…..nd ……….., 20………, the Court by a Motion filed on ….. th ……., 20..
granted the application of the 1st-2nd defendants to regularize their Amended
Statement of defense filed on ….th …….., 20……. and to open their case. Further,
the Court on ….th …….., 20…… granted the prayers of 4th and 5th Defendants to
file their Statement of defense out of time by their Motion on Notice filed …. th of
….., 20…...

4. That in granting the 4th and 5th Defendants’ application for extension of time within
which to file their Statement of Defense, this Court ordered that the 4 th and 5th
Defendants shall file their Statement of Defense within five (5) days, while the
Claimant, if necessary, shall file a Reply to the 4 th and 5th Defendants’ Amended
Statement of Defense.

5. That the 4th and 5th Defendants filed their Statement of Defence on …..nd …, 20…..
which was served on the Claimant in Court on …..th ……….., 20……..

6. That the Claimant filed his Reply to the 4 th and 5th Defendants’ Statement of
Defence on …..

7. There is need to reopen the Claimant’s case and call him to lead evidence in
support of his Reply to the 4th and 5th Defendants Statement of Defence.
8. There is also a need to seek leave of this honorable Court abridging the time within
which parties will take steps in this matter, based on the new developments in the
matter.

9. The Rules of this Honourable Court require that the Claimant seeks and obtains the
leave of Court before taking such further steps in this matter.

Dated this ……day of ………………………., 2020


______________________
IDUH DANEL, Esq.
IDUH & CO
Solicitors & Advocates
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
ghi@gmail.com
081*************
FOR SERVICE ON:
1. The 1st Defendant:

2.

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY


IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT NO: …………


BETWEEN
ABC …………………………………………………….. CLAIMANT

AND

DEF
GHI
JKL ………………………………………………………… DEFENDANT

AFFIDAVIT IN SUPPORT OF MOTION

I, R. B, Male, Adult, Christian, Nigerian citizen of No 10 Atbara Street, Off Cairo


Street, Wuse II, Abuja, do hereby make oath and declare as follows:

1. That I am the Litigation Clerk in the law firm of Iduh & CO. Counsel
representing the Claimant/Applicant in this matter and by virtue whereof, I am
very conversant and familiar with the facts deposed herein.

2. That I have the consent and authority of the Claimant/Applicant and that of my
employer to depose to this affidavit.

3. That except otherwise stated, all facts deposed herein are facts within my
knowledge and information which I have received from R. E, Esq, of Counsel in
Chambers and which I verily believe to be true.

4. That I was informed by R. E, Esq, Counsel in the law firm of IDUH & CO. on
the …..th ………., 20…. at about 3pm. in our office of the following facts which I
verily believe to be true:
a. That the Claimant’s Amended Statement of Claim was regularised on ……
th
………, 20…… and consequently the matter was adjourned to ….. th
………., 20……. for hearing.

b. That on ……..th ……., 20….. the Claimant opened his case and testified as
PW1. Thereafter, 1st and 2nd Defendants cross examined the Claimant but
4th and 5th Defendants stated in open Court that the 4 th and 5th Defendants
had no questions for the Claimant. The matter was adjourned to …. th ….,
20…… for Adoption of Final Written Addresses, upon the failure of the
1st-5th Defendants to open their case and enter their Defence.

c. That by a Motion filed on…th May, 2020 the Court granted the application
of the 1st - 2nd Defendants to regularize their Amended Statement of
Defence filed on ….th …….., 20……. and to open their case.

d. That on the ….th of …………., 20…. the Court, by the Motion on Notice
of the 4th and 5th Defendants filed …….th of ……, 20…… granted the
prayers of 4th and 5th Defendants to file their/ Statement of Defence out of
time.

e. That in granting the 4th and 5th Defendants’ application for extension of
time within which to file their Statement of Defence, this Court ordered
that the 4th and 5th Defendants shall file their Statement of Defence within
five (5) days, while the Claimant, if necessary, shall file a Reply to the 4 th
and 5th Defendants’ Amended Statement of Defence.
f. That the 4th and 5th Defendants filed their Statement of Defence on …. nd
………, 20….. which was served on the Claimant in Court on ….. th
………, 20………..

g. That the Claimant filed his Reply to the 4 th and 5th Defendants’ Statement
of Defence on …..

h. That there is a need to reopen the Claimant’s case and call the Claimant to
lead evidence in support of his Reply to the 4 th and 5th Defendants’
Statement of Defence.

i. That the Rules of this Honourable Court require that the Claimant seeks
and obtains the leave of Court before reopening his case.

5. That it is in the interest of justice to grant this application and the Defendants will
not be prejudiced in whatever respect, by the grant of this application.

6. That I depose to this affidavit in good faith, without concealing any facts and in
accordance with the Oaths Act 2004.

..........................
DEPONENT
Sworn to at the Registry of the High Court of the Federal Capital Territory, Abuja.

This --------- day of September, 2020.

BEFORE ME

COMMISSIONER FOR OATHS

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY


IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT NO: …………


BETWEEN
ABC …………………………………………………….. CLAIMANT

AND

DEF
GHI
JKL ………………………………………………………… DEFENDANT
WRITTEN ADDRESS IN SUPPORT OF MOTION ON NOTICE

1.0 INTRODUCTION

1.1 The Claimant filed this Motion on Notice praying this honorable Court for the
several reliefs. The Motion is accompanied by a …….paragraphs affidavit duly
deposed to by one ………….

1.2 This Written Address is filed in support of the said application. The Claimant
relies on the affidavit filed in support of the application as well as this Written
Address in urging the grant of the application.

2.0 ISSUE FOR DETERMINATION

2.1 The Claimant humbly submits a single issue for determination as follows:

“Whether having regards to the circumstances of this case, this honorable


Court ought not to grant the Claimant’s application as prayed?”

3.0 ARGUMENTS

3.1 Order 18 of the High Court of the Federal Capital Territory (Civil
Procedure) Rules, 2018 provides that:

“Where the Claimant desires to make a reply, he shall file within 7 days
from the service of the defence”

3.2 Order 34 rule 1 of the High Court of the Federal Capital Territory (Civil
Procedure) Rules, 2018 provides that:

“Subject to these rules and to any enactment relating to evidence any


fact required to be proved at the trial of any action shall be proved by
written deposition and oral examination of witnesses in open court.”

3.3 In the instant case, the Claimant was served with the 4 th and 5th Defendants’
Statement of Defence on the …… th ….…, 20……., after the Claimant had closed
his case on ……th ……….., 20…….. We submit that by the above provisions of
the Rules of this honorable Court and the order of this honorable Court made on
….th ………., 20……, for the Claimant to establish his case, it is incumbent on
the Claimant to file his Reply and to lead evidence thereto.

3.4 As the Claimant is desirous of leading evidence to rebut the issues of fact raised
in the Statement of Defence which he did not anticipate as at the time of closing
his case before the defence was filed, it has become imperative for the Claimant
to seek leave of this honorable Court to reopen his case and to lead such evidence.
The power of the Court to reopen a case of a party before judgment is unfettered.
In UTIH & ORS. V. ONOYIVWE & ORS. (1991) LPELR-3436(SC) Pp.91-
92, Paras.G-A, the Supreme Court, Per KARIBI WHYTE, J.S.C., held that:
"This court has held in several cases before it that a Judge has an
unfettered discretion in appropriate cases to reopen for further argument
within the period of 3 months prescribed by the Constitution..."

3.5 This application is predicated on the fact that the Claimant’s fundamental right to
fair hearing would be protected if he is allowed to reopen his case and call
evidence in support of his Reply to the Statement of defence. The law has long
been settled beyond peradventure that the purpose of granting the right to any
person to approach a court of law where his/her fundamental right has been, is
being or is in danger of being breached is to enhance and ensure justice. The
Constitution of the Federal Republic of Nigeria provides that in such a
circumstance, the person complaining is entitled to be heard within a reasonable
time.

3.6 Section 36 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (As
amended) provides that:

“In the determination of his civil rights and obligations, including any
question or determination by or against any government or authority, a
person shall be entitled to a fair hearing within a reasonable time by a
court or other tribunal established by law and constituted in such
manner as to secure its independence and impartiality.”

3.7 The Supreme Court has described what the fundamental nature of fair hearing is.
In ATANO v. A.G.BENDEL STATE (1988) 2 NWLR (Pt. 75) at 132, it was
held that:

“The principle of fair hearing is fundamental to all court procedure and


proceedings, and like jurisdiction, the absence of it vitiates the
proceedings no matter how well conducted.”
3.8 In view of the Statement of Defence filed by the 4 th and 5th Defendants on …….nd
…………, 20…….. it is imperative that the Claimant be given another chance to
be heard by leading evidence.

3.9 We humbly urge Your Lordship to resolve this sole issue in favour of the
Claimant and grant this application in the interest of justice.

3.10 CONCLUSION

3.11 In the light of the above authorities and arguments, we humbly urge this
Honourable Court to grant the Claimant’s application in the interest of justice.

Dated this ……day of ………………………., 2020

______________________
IDUH DANEL, Esq.
IDUH & CO
Solicitors & Advocates
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
ghi@gmail.com
081*************
FOR SERVICE ON:
1. The 1st Defendant:

THE HONOURABLE MINISTER OF THE


FEDERAL CAPITAL TERRITORY
ADMINISTRATION, ABUJA
Kapital Street, Off Obafemi Awolowo Street
Garki Area 11, P.M.B 25
Garki, Abuja.

2. The 2nd Defendant:


FEDERAL CAPITAL DEVELOPMENT
AUTHORITY, ABUJA
Kapital Street, Off Obafemi Awolowo Street
Garki Area 11, P.M.B 25
Garki, Abuja.

3. The 3rd Defendant:


PERSONS UNKNOWN

14.
APPELLANT BRIEF OF ARGUMENT
IN THE SUPREME COURT OF NIGERIA
HOLDEN AT ABUJA
SC.NO: SC
APPEAL NO.: CA
CHARGE NO: FHC
BETWEEN:
FEDERAL REPUBLIC OF NIGERIA - APPELLANT
AND
1. G. B. - RESPONDENT

RESPONDENT’S BRIEF OF ARGUMENT

TABLE OF CONTENTS
S/No CONTENTS PAGES
1. Introduction
2. Statement of Relevant Facts
3. Issues for Determination
4. Argument
5. Issue One
6. Issue Two
8. Conclusion
List of Authorities

1.0 INTRODUCTION
1.1 This is an appeal against the judgment of the Court of Appeal (Coram: Hon.
Justice……………, …………, ………..) delivered on Wednesday …th …….,
20….. in appeal No. CA………...
1.2 In its determination of the appeal, the Court of Appeal (“lower Court”) in
resolving the issues for determination, resolved issue 1 in favor of the 1 st
Respondent who was the Appellant before it, issues 2 and 3 in favor of the
Appellant who was the 1st Respondent before it and issue 4 suo motu raised by the
lower Court in favor of the 1 st Respondent. The lower Court allowed the appeal
and set aside the decision of the trial Court.
1.3 Dissatisfied by the decision of the lower Court, the Appellant has appealed to this
honorable Court by a ……. grounds Notice of Appeal filed on ….. th ……., 20….
contained in pages ……. to …… of the Records of Appeal.

2.0 STATEMENT OF RELEVANT FACTS


2.1 The Appellant at the trial Court instituted a criminal action before the Federal
High Court, sitting in Abuja in a 9-Counts Charge contained in Charge No……
2.2 …
2.3 …
2.4 The lower Court found that…
2.5 This appeal is against the Judgment of the lower Court which sets aside the
Ruling of the trial Court.

3.0 ISSUES FOR DETERMINATION


3.1 The 2nd Respondent raises the following issues for determination by this
honorable Court:
1. Whether… (Distilled from Grounds 2 and 6)
2. Whether…(Distilled from Grounds 3, 4 and 5)

4.0 ARGUMENT ON ISSUE ONE


“Whether …?”
4.1 The issue of recusal and transfer of cases under the Administration of Criminal
Justice Act 2015 is regulated by statutory procedures. For a matter which has
begun to be transferred or reassigned to another judge, the law has provided
parameters for consideration in section 22 of the Federal High Court Act and
section 98 of the Administration of Criminal Justice Act 2015.
4.2 Section 22(1) of the Federal High Court Act Cap. F12 Vol. 6 LFN 2004
provides:
“A Judge of the court may at any time or at any stage of the proceedings
before final judgment, either with or without application from any of the
parties thereto, transfer such cause or matter before him to any other
judge of the Court.”
4.3 Section 98(1) of the Administration of Criminal Justice Act 2015 provides
precisely:
“The Chief Judge of a High Court may, where it appears to him that the
transfer of a case will promote the ends of justice or will be in the
interests of the public peace, transfer any case from one court to
another”
4.4 In narrowing down the powers of the Chief Judge, section 98(2) of the
Administration of Criminal Justice Acts 2015 provides:
“The power of the Chief Judge referred to in subsection (1) of this
section shall not be exercised where the prosecution has called
witnesses.”
4.5 The Court of Appeal in LAWAN v. FRN (2018) LPELR-43973 (Pp. 18-19,
paras E-F) CA captured aptly, the rationale of the section 98 of the
Administration of Criminal Justice Act, thus…
4.6 …
4.7 …
4.8 It is our humble submission that there is no substantial difference between the
prayers of the Respondents and the order of the lower Court and therefore we urge
this Court to disregard the Appellant’s arguments on this issue.

5.0 ARGUMENT ON ISSUE TWO


Whether…?
5.1 The principle of Fair Hearing is a fundamental guiding principle in every justice
administration process. The absence of fair hearing in any proceeding, be it
administrative or judicial, could render the entire proceeding a nullity. Section
36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as
amended) provides:
“In the determination of his civil rights and obligations, including any
question or determination by or against any government or authority, a
person shall be entitled to a fair hearing within a reasonable time by a
court or other tribunal established by law and constituted in such
manner as to secure its independence and impartiality.”
5.2 The question of what will be considered ‘reasonable time’ is one of fact. Can it be
said that there is fair hearing within a reasonable time when Judges are given
unrestricted judicial powers to toss proceedings from Court to Court on the
slightest provocation? As it is said, Justice delayed is justice denied. Where
parties have shown willingness to proceed in a matter, judicial clogs should not be
resulted to, to delay the attainment of justice.

5.3 In AJILEYE v. FAKAYODE (1990) 5 NWLR (148)(Pp.92 at 100, paras


G)CA, the Court held:
“Any person bringing an action shall not be deprived of his right to do
so once it is ascertained that the court has jurisdiction in the subject
matter of the suit unless the trial judge is legally disqualified from taking
up the matter.”
5.4 The facts in this appeal clearly shows that …
5.5 …
5.6 …
5.7 We humbly urge this Court to affirm the decision of the lower Court and hold that
the recusal of Hon. ……………. to recuse from the case without properly
notifying parties is a denial of fair hearing.

6.0 CONCLUSION
6.1 In conclusion, we urge this honorable Court to find in disallowing this appeal,
that:
1. The lower Court was right when…
2. The recusal of …
3. The lower Court was right when it …
6.2 We urge this Honorable Court to dismiss this appeal for lacking in merit and to
affirm the decision of the lower Court which set aside the decision of the trial
Court.

Dated this ……. day of May, 20…...

Signed by
___________________
IDUH DANEL, Esq.
IDUH & CO
Solicitors & Advocates
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
ghi@gmail.com
081*************

FOR SERVICE ON:


The Appellant
FEDERAL MINISTRY OF JUSTICE
CENTRAL BUSINESS DISTRICT, ABUJA
8.0 LIST OF AUTHORITIES

8.1 Statutory Authorities


1.
S. 22 Federal High Court Act, Cap. F12 Vol. 6 LFN 2004.
2.
S. 1(1) and (2) of Administration of Criminal Justice Act 2015.
3.
S. 19(1) Federal High Court Act.
4.
S. 98(1) of Administration of Criminal Justice Act 2015.
5.
S. 98(2) of Administration of Criminal Justice Act 2015.
6.
S. 36(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)
.
8.2 Judicial Authorities
1. LAWAN v. FRN
2. MENAKAYA v. MENAKAYA (2001) 16 NWLR (Pt.738) 236 SC.
3. BAKARE V. APENA (1986) 1 NWLR (Pt. 33) (p.20-21E-B) SC
4. WOMILOJU & ORS. V. ANIBIRE & ORS (2010) 10 NWLR (Pt. 1203) 545
5. AJILEYE v. FAKAYODE (1990) 5 NWLR (148)(Pp.92 at 100, paras G)CA.

15.
NOTICE OF APPEAL
IN THE COURT OF APPEAL OF NIGERIA
IN THE JIGAWA JUDICIAL DIVISION
HOLDEN AT DUTSE

APPEAL NO.: …………….


SUIT NO.: ……………………
BETWEEN:
ABC - APPELLANT
AND

THE STATE - RESPONDENT

NOTICE AND GROUNDS OF APPEAL

TAKE NOTICE that the Appellant being dissatisfied with the Judgment of the High
Court of Jigawa State (Coram: Hon. Justice …….…) delivered on ….. th ……, 20….,
doth hereby appeal to the Court of Appeal against the decision in Paragraph ……..
upon the Grounds set out in Paragraph …….. and will at the hearing of the appeal seek
the reliefs set out in Paragraph ………... and the Appellants further states that the
names and addresses of the persons directly affected by the appeal are those set out in
Paragraph ……...

2. PART OF THE JUDGMENT OF THE COURT OF APPEAL COMPLAINED OF:


The whole Judgment

3. GROUNDS OF APPEAL

(1) GROUND ONE


The learned trial Judge erred in law and occasioned a miscarriage of justice when
he held that there was…
PARTICULARS:

a) In the charge filed against the Appellant, the Appellant was accused of
committing the offence of…
b) Also, in the cross examination of PW1 as nominal complainant, PW1
testified that …
c) The amount of money robbed from the nominal complainant differs
substantially from the property stated on the charge sheet which therefore
occasions a case where…
d) The number of armed robbers stated by PW1 differs from the number
stated by PW3 in his examination-in-chief and therefore creates a
contradiction…

(2) GROUND TWO


The learned trial Judge misdirected himself and occasioned a miscarriage of
justice when he held that…
PARTICULARS:
a) PW3 testified that the Appellant confessed to the commission of the
offence of armed robbery committed on…
b) It was also the testimony of PW3 that …
c) The said statement written by PW3 was never tendered in evidence by the
Prosecution …
d) The Court of Appeal restated the settled position of the law on hearsay in
SALISU v. AMUSAN (2010) LPELR-9103 (Pp. 28-29, paras. E-A)
(CA) where it held that…
e) The purported findings from the investigation conducted by the PW3 and
the purported confession made by the Appellant…
GROUND THREE
The verdict is unreasonable and cannot be supported having regard to the
evidence.

4. RELIEFS SOUGHT FROM THE COURT OF APPEAL

i. AN ORDER allowing the Appeal.

ii. AN ORDER setting aside the decision of the lower Court delivered on … which
convicted the Appellant of the offence of armed robbery and sentenced the
Appellant to fifteen (15) years imprisonment.

iii. AN ORDER for immediate release of the Respondent from the custody of the
prisons authority.

iv. SUCH FURTHER ORDERS as this Honorable Court may deem fit and just to
make in the circumstance of this Appeal.

5. PERSONS DIRECTLY AFFECTED BY THE APPEAL


1. THE APPELLANTS
C/o Their Counsel
IDUH DANEL, Esq.
IDUH & CO
Solicitors & Advocates
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
ghi@gmail.com
081*************
2. THE RESPONDENT
C/o His Counsel
The Attorney General
Ministry of Justice, Jigawa State.

Dated this _____ day of ______________, 2020.

Signed by: ________________________________


E. I ESQ
IDUH DANEL, Esq.
IDUH & CO
Solicitors & Advocates
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
ghi@gmail.com
081*************

ADDRESS FOR SERVICE:


THE RESPONDENT
C/o His Counsel
The Attorney General
Ministry of Justice, Jigawa State.

16.
RESPONDENT’S NOTICE

IN THE COURT OF APPEAL


IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
APPEAL NO:…………….
SUIT NO: ……………………
BETWEEN
MPN -------------------- APPELLANT
AND
RTD LTD. -------------------- RESPONDENTS
RESPONDENTS' NOTICE
OF INTENTION TO CONTEND THAT THIS JUDGMENT SHOULD BE
AFFIRMED ON GROUNDS OTHER THAN THOSE RELIED ON BY THE
COURT BELOW: ORDER 9 RULE 2 OF THE COURT OF APPEAL RULES,
2011
TAKE NOTICE that upon the hearing of the above appeal the Respondents intend to
contend that the judgment of HONOURABLE JUSTICE …, of the High Court of the
Federal Capital Territory, Abuja delivered on the 10th day of November, 2010, in Suit
No.:,,, between MPN v. RTD LTD. be affirmed on grounds other than those relied on by
the trial Court.
TAKE NOTICE that the Grounds on which the Respondents intend to rely on are as
follows:
GROUND ONE
The Appellant's Counter Claim dated the …. th day of ……., 20…., can sustain and
anchor the Respondents' (Plaintiff's) Amended Statement of Claim dated …. day of
………., 20…. (pages …. - ….. of the Record of Appeal).
PARTICULARS
a. The Respondents' (Plaintiff's) Amended Statement of Claim dated … th day of
……..20…. (Pages ….. - …... of the Record of Appeal) was properly signed and
endorsed.
b. Appellant’s Counter Claim dated the ……st day of ………., 20….., which for all
intents and purposes is in itself an originating process, is an independent action.
c. The Respondents' (Plaintiff's) Amended Statement of Claim dated ……. th day of
……… 20…. (pages …-….. of the Record of Appeal) survives as an answer to
the Appellant's Counter Claim dated…
d. The said Respondents' (Plaintiff's) Amended Statement of Claim dated…
e. The Appellant had joined issues with the Respondents on its Counter Claim.
GROUND TWO
The grant of relief 5 to the Respondents by the trial Court be affirmed on the ground that
the grant of the said relief arises from commercial nature of the transaction which is
underpinned by the nature of relationship between the Respondents and the Appellant,
banker and customer.
PARTICULARS
a. The lower Court in its judgment delivered …
b. There were no facts specifically referring to the said prejudgment interest of 10%
per annum, granted the contained in the Respondents' pleadings.
c. The Appellant's sale of the Respondent's…, was a commercial transaction.
d. The relationship between the parties was underpinned by a banker and customer
relationship.

Dated this _________ day of ____________ 2010


______________________
IDUH DANEL, Esq.
IDUH & CO
Solicitors & Advocates
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
ghi@gmail.com
081*************

FOR SERVICE ON
THE APPELLANT
C/o its Counsel
KPQ & CO
KPQ, ESQ.

16.
FINAL WRITTEN ADDRESSI
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT NO: FCT/HC/CV/…

BETWEEN

ABC ………………………………………. CLAIMANT

AND

DEF ………………………………………. DEFENDANT

CLAIMANT’S FINAL WRITTEN ADDRESS

1.0 INTRODUCTION:

1.1 The Claimant commenced this suit by a Writ of Summons filed on … against the
Defendant…
1.2 By the leave of this Court obtained on …… RD ………, 20.0.., the Claimant
amended his Writ of Summons. The Claimant seeks the following reliefs as
disclosed on the Amended Writ of Summons and Statement of Claim:

a. A DECLARATION that by virtue of Right of Occupancy No....

b. A DECLARATION that the activities of…


c. A DECLARATION that any document purporting to be a document of
title by which the…
d. AN ORDER of this honorable Court directing…
e. AN ORDER of this honorable Court revoking and/or nullifying any
document purporting to be a document of title issued by …
f. AN ORDER of this honorable Court restraining the...
g. AN ORDER of this honorable Court compelling the…
h. AN ORDER of this honorable Court compelling the…
i. THE COST of this suit in the sum of N,…….00 (Three Million Naira) Only
to be paid by the Defendant.

1.3 The Defendant filed a Memorandum of Appearance on … and also filed its
Statement of Defence on … out of time. On …… th ………., 20…. when the
matter came up for trial, Defendants’ Motion on Notice filed on …. th ……….,
2020 for extension of time to file Statement of Defence was moved and granted
thereby regularizing their Statement of Defence.

1.4 Still on the above date, trial commenced and the Claimant opened his case and
called PW… to testify. PW…. adopted his Witness Statement on Oath as his Oral
testimony and tendered Documents. PW… tendered …. documents in evidence
settled between Claimant Defendant, therefore not objected to, and which were
marked as Exhibits …..-…. Defendant Cross-Examined PW….. The Exhibits
tendered through PW….. are:

1. Conveyance of provisional approval of Right of Occupancy – Exhibit 1


2. Site Plan to the Right of Occupancy – Exhibit 2
3. Bwari Area Council Receipt No.: 042278 – Exhibit 3
4. Bwari Area Council Receipt No.: 042279 – Exhibit 3A
5. AGIS Acknowledgement Slip – Exhibit 4

1.5 On ….th …., 20….. when the matter resumed for hearing, Defendant failed to call
any witness the matter was adjourned for Adoption of Final Written Addresses.

1.9 This is the Final Written Address of the Claimant.

2.0 RELEVANT FACTS ON PLEADINGS:

2.1 The Claimant’s case as disclosed on the Amended Statement of Claim is that he
was granted by the honorable Minister of the Federal Capital Territory,
Customary Right of Occupancy to Plot …
2.2 Upon grant of the Right of Occupancy, the Claimant made necessary and
incidental payments to …
2.3 …
2.4 …
2.5 It was only after the Claimant had…
2.6 However…
2.9 The Defendant did not make a case against the Claimant’s claims.

3.0 ISSUE FOR DETERMINATION:

3.1 The Claimant respectively submits a lone issue for the just determination of this case:

“Whether from the pleadings and evidence before the Court, the
Plaintiff has proved his case to entitle him to the reliefs sought in this
suit?”

4.0 ARGUMENT:

“Whether from the pleadings and evidence before the Court, the Plaintiff has
proved his case to entitle him to the reliefs sought in this suit?”

4.1 The Claimant is by this suit is claiming title over Plot…


4.2 The law is settled that in an action for declaration of title to land, the burden of proof
is on the Claimant to prove his entitlement to the declaratory relief by adducing
credible evidence in this regard. This burden remains on the Claimant even in the
absence of a defence by the Defendants. This was the position of the Supreme
Court in Nruamah & Ors v. Ebuzoeme & Ors (2013) LPELR-19771(SC) Pp.
17-18, paras. F-E as follows:
"Generally, in a claim for declaration of title to land, it is trite that the
onus is on the plaintiff to establish his title upon a preponderance of
evidence or on the balance of probability. He must therefore succeed on
the strength of his own case not upon the weakness of the case of the
defendant, except only where the defendant's case supports his case. See;
Kodilinye vs. Odu 1 LLAC 254, Onwugbufor vs. Okoye (1996) 1 NWLR (pt
424) 252; Shittu vs. Fashawe (2005) 14 NWLR (pt 946) 671; Eze vs. Atasie
(2000) 9 WRN 73 at 88; (2000) 10 NWLR (pt 676) 470; Adesanya vs.
Aderonmu (2000) 13 WRN 104 at 115 (2000) 9 NWLR (pt. 672) 370."
(underlined for emphasis)

4.3 Also, in Mohammed v. Wammako & Ors (2017) LPELR-42667(SC) P. 24, paras.
A-B it was held as follows:

"Declaratory judgments are not granted on admission in default of


defence. See: Okoya v. Santalli (1990) 2 NWLR (Pt. 131) 172; Ntuks v.
Nigerian Ports Authority (2007) 13 NWLR (pt. 1050) 392; Addah v.
Ubandawaki (2015) 7 NWLR (Pt. 1458) 325."

4.4 It follows in this case therefore…


4.5 The Supreme Court in Ajiboye v. Ishola (2006) LPELR-301(SC) P. 27, paras. A-
G, restated the settled position of the law on proof of title to land when it held as
follows…
4.6 In this case…
4.7 In addition to the above exhibits, the Claimant also pleaded and led evidence to show
that…
4.8 After repeated acts of trespass by the...
4.9 In the circumstance, we submit that the Claimant having established that the… We
therefore urge this honorable Court to grant the relief seeking the award of
damages for trespass.

4.10 On the whole, we urge this honorable Court to find that the Claimant has proved
his claim before this honorable Court and is entitled to the reliefs sought in this
suit. We therefore urge this honorable Court to resolve this issue in favour of the
Claimant and against the Defendants.

1.0 CONCLUSION

5.1 In conclusion, we urge this Honourable Court to find in favour of the Claimant
that he has been able to prove his entitlement to the reliefs sought in this suit and
that the suit is meritorious. We urge my Lord to grant the reliefs sought in this
suit as contained in the Amended Writ of Summons in the interest of justice.

Dated this ………… day of …………., 20……….

IDUH DANEL, Esq.


IDUH & CO
Solicitors & Advocates
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
ghi@gmail.com
081*************.
FOR SERVICE ON:
1. The 1st Defendant:

THE HONOURABLE MINISTER OF THE


FEDERAL CAPITAL TERRITORY
ADMINISTRATION, ABUJA
Kapital Street, Off Obafemi Awolowo Street
Garki Area 11, P.M.B 25 Garki, Abuja.
17.
MOTION TO STRIKE OUT PARGRAPH
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT NO: ……………………..


BETWEEN
ABC - CLAIMANT
AND
DEF - DEFENDANT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDERS 15 RULES 2, 16 AND 18(1)(A) AND (B)
OF THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY (CIVIL
PROCEDURE) RULES 2018 AND UNDER THE INHERENT POWERS OF THIS
HONOURABLE COURT
TAKE NOTICE that this honorable Court will be moved on the ….…day of………
20… at the hour of 9 O’clock in the forenoon or so soon thereafter as Counsel may be
heard on the application of the Claimant/Applicant for the following orders viz.:

2. AN ORDER of this honorable Court striking out paragraphs …, …, …, and…..


of the Statement of Defence Defendant filed ….th of ……, 20…….

3. AND FOR SUCH FURTHER OR OTHER ORDERS as this honorable Court


may deem fit to make in the circumstance.
AND THE GROUNDS UPON WHICH THIS APPLICATION IS BROUGHT ARE
AS FOLLOWS:

2. That the Claimant filed its Statement of Claim on …..th ….., 20…….
3. With leave of this honorable Court obtained and granted, the Claimant via a Motion
on Notice filed on ….th ……….., 20….., the Claimant amended his Writ of Summons
and other accompanying processes.
4. The Defendants thereafter filed his Statement of Defence on …..th ……, 20…….
5. The Statement of Defence of the Defendants grossly offends the rules of pleadings in
paragraphs …………. and ……… of the Statement of Defence.
6. That paragraphs ….. and ……… of the Joint Statement of Defence are not answers
arising from specific paragraphs of the Claimant’s Amended Statement of Claim.
7. Paragraphs ………… of the Joint Statement of Defence contain arguments,
speculations and conclusions and not material facts as required by the rules of Court.
8. Paragraphs ………. ……. ……… and ….. of the Joint Statement of Defence contain
questions and issues for determination by this honorable Court and not material facts
as required under the rules of Court.
9. Paragraph … of the Joint Statement of Defence is imprecise, unclear,
incomprehensible and are grammatically unsound for the Claimant to make meanings
out of them.
10. That paragraphs ………., and ……. of the Joint Statement of Defence are intended to
embarrass, delay, and prejudice the fair hearing of this suit.

Dated this __________ day of ……….., 20……

___________________________
IDUH DANEL, Esq.
IDUH & CO
Solicitors & Advocates
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
ghi@gmail.com
081*************
FOR SERVICE ON:

1. The Defendant:
THE HONOURABLE MINISTER OF THE
FEDERAL CAPITAL TERRITORY
ADMINISTRATION, ABUJA
Kapital Street, Off Obafemi Awolowo Street
Garki Area 11, P.M.B 25 Garki, Abuja.
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT NO: ………….


BETWEEN
ABC - CLAIMANT
AND
DEF - DEFENDANT
AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE
I, …………., Male, Adult, Christian, Nigerian citizen of No. 10 ………………., Abuja,
do hereby make oath and declare as follows:

1. That I am a Litigation Clerk in the law firm of IDUH & CO., Counsel
representing the …nd Defendant/Applicant in this matter and by virtue whereof, I
am very conversant and familiar with the facts deposed herein.

2. That I have the consent and authority of the …. nd Defendant/Applicant and that of
my employer to depose to this affidavit.

3. That except otherwise stated, all facts deposed herein are facts within my
knowledge and the information I received from IDUH, Esq., Counsel in
Chambers and which I verily believe to be true.
4. That I was informed by Daniel, Esq. of Counsel in Chambers, at No. ……Abuja,
on …….th February, 20…… of the following facts which I verily believe to be
true:
a. That the Claimant filed its Statement of Claim…
b. That with leave of this honorable Court sought and obtained, the Claimant
through a Motion on Notice dated ….. th ……, 20…. amended its Writ of
Summons and other accompanying processes.
c. That the Defendant filed his Statement of Defence on…
d. That the Statement of Defence contains arguments, speculations, conclusions,
contradictions, vexatious, imprecise, incomprehensible and unclear facts.
e. That paragraph …… of the Statement of Defence first and foremost responds
to no particular averment of the Claimant’s Amended Statement of Defence.
Also, it speculates on the …
f. That paragraph ….. of the Statement of Defence is argumentative and not a
statement of fact, and reaches a hasty conclusion on behalf of the honorable
Court that the…
g. That paragraph …. of the Joint Statement of Defence is unclear, imprecise,
ambiguous and totally confusing. The said paragraph makes reference to an
unidentified…
h. That paragraph … of the Statement of Defence contains speculative and
conclusive facts.

5. That is in the interest of justice to grant this application and the Claimant will not
be prejudiced if this application is granted.
6. That I depose to this affidavit in good faith, conscientiously believing the contents
to be true and in accordance with the Oaths Act, 2004.
____________________
DEPONENT
SWORN to at the National Industrial Court
Registry, Abuja on the _______ day of _________ 20…….

BEFORE ME

COMMISSIONER FOR OATHS


IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT NO: FCT/HC/CV/…


BETWEEN
ABC - CLAIMANT
AND
DEF - DEFENDANT
WRITTEN ADDRESS IN SUPPORT OF MOTION ON NOTICE
2.1 INTRODUCTION
2.2 The Claimant commenced this action by a Writ of Summons dated … seeking
declarative and injunctive reliefs as contained in the Writ of Summons. With
leave of this Honourable Court obtained and granted, the Claimant via a Motion
on Notice filed on …amended his Writ of Summons and other accompanying
processes. The Defendant filed their Statement of Defence on ...

2.3 This application seeks an order of Court to strike out paragraphs of this honorable
Court striking out paragraphs …….., and …….. of the Statement of Defence of
the Defendants filed on … for offending the rules of pleadings. The Applicant
shall rely on all the paragraphs in the affidavit and submissions in this Written
Address in urging this honorable Court to grant this application.

1.0 ISSUES FOR DETERMINATION

1.1 The Claimant submits a sole issue for determination by this honorable Court viz:
“Whether it is in the interest of justice to grant this application?”

1.2. ARGUMENT ON SOLE ISSUE FOR DETERMINATION

1.3. On the sole issue for determination, we submit that the paragraphs …….., and ….
of the Statement of Defence of the Defendant offend the rules of pleadings. The
Supreme Court in C. N OKPALA & SONS LTD v. NB PLC (2017) LPELR-
43826 (Pp. 9-10, paras C-A) defined pleadings as follows:
"In Black's Law Dictionary, 8th Edition, pleading is defined as a
formal document in which a party to a legal proceeding (especially in a
civil lawsuit), sets forth or responds to allegations, claims, denials or
defence. In summary, it consists of the plaintiff's complaint and the
defendant's answer. The essence of pleadings is to compel the parties
to define accurately and precisely the issues upon which the case is to
be contested to avoid element of surprise by either party. It is also
essential that parties are not allowed to adduce evidence which goes
outside the facts pleaded. See Onwuka & Anor V. Omogui (1992)
LPELR - 2719 (SC), (1992) 3 NWLR (pt. 230) 393, Adenuga V.
Odumeru (2001) LPELR - 130 (SC), (2001) 2 NWLR (pt 696) 184. One
other essence of pleading is that it must be precise and accurate on the
issues to be decided by the Court such that no party or Court is left in
doubt as to what each party requests from the Court. In the
circumstance, parties are usually confined to their pleadings.”

1.4. Also the Court in OSUJI v. EKEOCHE (2009) 16 NWLR (Pt. 1166) (Pp. 81 @
126, paras D-E) in explaining how pleadings should drafted, held thus:

“Facts in pleadings must be concisely, precisely and accurately


pleaded. Pleadings should not give room for speculation as to its real
content”

1.5. It is trite that pleadings should drafted in a manner that is concise, precise,
accurate, comprehensible and meaningful. Pleadings should contain facts and not
arguments, speculations, conclusions or vexatious and scandalous averments.

1.6. Order 15 Rule 2(1) of the High Court of the Federal Capital (Civil
Procedure) Rules 2018 provides thus:

“Every pleading shall contain, a statement in a summary form of the


material facts on which the party pleading relies for his claim or
defence, as the case may be, but not the evidence by which they are to
be proved and shall, be divided into paragraphs numbered
consecutively.”

1.7. Order 15 Rule 18(1) of the High Court of the Federal Capital Territory
(Civil Procedure) Rules 2018 further provides for grounds of striking out
pleadings:

(1) The court may at any stage of the proceedings order to be struck
out or amended any pleading or the endorsement of any writ in the
action or anything in any pleading or in the endorsement, on the
ground that:
(a) It discloses no reasonable cause of action or defence as the case
may be; or
(b) It is scandalous, frivolous, or vexatious; or
(c) It may prejudice, embarrass or delay the fair trial of the action; or
(d) It is an abuse of the process of court;
(e) The court may order the action to be stayed or dismissed or
judgement to be entered accordingly as the case may be.

1.8. From the totality of judicial statutory authorities above, a consideration of the
paragraphs of the Statement of Defence reveal paragraphs that the ….
1.9. Paragraph …. of the Joint Statement of Defence responds to no specific paragraph
of the Claimant’s Amended Statement of Claim…
1.10. Paragraph….. of the Joint Statement of Defence, apart from not referring to any
specific paragraph of the Claimant’s Amended Statement of Defence, is
argumentative and not a statement of fact. Arguments are not facts but an
expression of a position already taken by the Defendants as regards the facts in
questions…
1.11. Further, we draw the Court’s attention to paragraph ……
1.12. Paragraph …… of the Statement of Defence aver to speculations, assuming
actions of the…Reiterating the essence of pleadings, the Court of Appeal in H. K.
S. F v. AJIBAWO (2008) 7 NWLR (Pt. 1087) (Pp. 511 @ 530, paras F-G)
held:

“The essence of pleadings is to give one’s adversary the clean and true
picture of the case he is to make at trial.”

1.13. Paragraphs …….. of the Joint Statement of Defence Defendants are richly
contained with grammatical errors, imprecise, unclear and incomprehensible
sentences and paragraphs unconnected to specific paragraphs from the Claimant’s
amended Statement of Claim. This makes it impossible for the Claimant get a
clean and true picture of the case of the Defendant which they intend to put up in
trial and this will grossly affects the right to fair hearing of the Claimant if the
Defendant is allowed to proceed with such offending paragraphs.
2.17 We humbly submit, that where paragraphs of a pleading fail to meet the accepted
standard required of pleadings, as in this case, the proper order to make in the
circumstance, as held by the Court above, is one to strike out those offending
paragraphs. We therefore urge this honorable Court to do the needful by striking
out the entirety of the offending paragraphs of paragraphs ………… of the
Statement of Defence.

3.0 CONCLUSION

3.1 In conclusion, we urge this honorable Court to consider our arguments and
resolve the sole issue submitted for determination in favour of the ….. nd
Defendant and consequently strike out paragraphs ……….., and …..of the
Statement of Defence.

Dated this ________ day of May, 20……..

___________________________
IDUH DANEL, Esq.
IDUH & CO
Solicitors & Advocates
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
ghi@gmail.com
081*************.
FOR SERVICE ON:
1. The 1st Defendant:
THE HONOURABLE MINISTER OF THE
FEDERAL CAPITAL TERRITORY
ADMINISTRATION, ABUJA
Kapital Street, Off Obafemi Awolowo Street
Garki Area 11, P.M.B 25
Garki, Abuja.
18.
ORIGINATING SUMMONS
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO:
BETWEEN
SB PLC - PLAINTIFF
AND
TQ - DEFENDANT

ORIGINATING SUMMONS BROUGHT PURSUANT TO ORDER 3 RULE 9,


SUB RULE 1 AND 2 OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE)
RULES 2019

LET TQ, within 30 (thirty) days after service of this summons upon them, inclusive of
the date of such service, cause appearance to be entered for them to this summons which
is issued upon application of the Plaintiffs for the determination of the following
questions:

1. WHETHER THE …?

2. WHETHER THE…?

3. WHETHER THE…

And by this summons the Plaintiff seeks the following reliefs against the Defendants,
jointly and severally:

1. A DECLARATION THAT…
2. A DECLARATION THAT…
4. A DECLARATION THAT…

Dated this …th day of ……., 20………..


This Summons was taken out by DANIEL IDUH ESQ of IDUH & Co Chambers of
…………………………………………: Legal Practitioner for the above named
Plaintiff.

The Defendant may appear hereunto by entering appearance personally or by a legal


practitioner either by filing the appropriate processes in response to the summons at the
Registry of the Court where the Summons was issued or by sending them to the office by
any of the methods allowed by the rules.
NOTE: If the Defendant does not respond within the time or the place above mentioned,
such order will be made and proceedings may be taken as the Judge may think fit and
expedient.

____________________________
JUDGE

IN THE FEDERAL HIGH COURT OF NIGERIA


IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO:
BETWEEN
SB PLC - PLAINTIFF
AND
TQ - DEFENDANT

AFFIDAVIT IN SUPPORT OF THE ORIGINATING SUMMONS


I, ……………., Nigerian, Male, Christian, Adult, Managing Director of the Plaintiff, do
hereby make oath and states as follows:
1. I am the Managing Director the Plaintiff by virtue of which I am conversant with
the facts deposed to herein.
2. That I have the consent and authority of the Plaintiff to depose to the facts herein.
3. That The Plaintiff is a public limited liability company registered under the laws
of the Federal Republic of Nigeria.
4. That the Defendant is…
5. That prior to …rd ……, 20….., the defendant…That there was no advice given to
the ……th Defendant by the Plaintiff or any of its employee to subscribe to any of
the products offered by the ……th Defendant except for a mere recommendation.
Also, that the ….th Defendant entered into an agreement with the … th Defendant
freely of his own volition with no form of advice from the Plaintiff.
6. That the Defendant on its own volition…
7. That the Plaintiff did not…
8. That I know of a fact that the Defendant is not a Court of law in Nigeria.
9. That it is the interest of justice that the actions of the Defendants be set aside and
the proceedings nullified.
10. That I make this oath in good faith, believing same to be true and in accordance
with the Oaths Act 2004.

____________________
Deponent

Sworn to at the Federal High Court Registry,


Abuja.
This ………. day of …………………20…
BEFORE ME

COMMISSIONER FOR OATHS

IN THE FEDERAL HIGH COURT OF NIGERIA


IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO:
BETWEEN
SB PLC - PLAINTIFF
AND
TQ - DEFENDANT

PLAINTIFF’S WRITTEN ADDRESS IN SUPPORT OF ORIGINATING


SUMMONS
1.0 INTRODUCTION
This is a written address in support of the Originating Summons dated
……..th …….., 20……. The plaintiff submitted the following issues for
determination:
a. WHETHER THE…
b. WHETHER THE…
c. WHETHER THE…
1.1 Upon determination of the above questions, the plaintiff seeks the following reliefs:
a. A DECLARATION THAT…
b. A DECLARATION THAT…
c. A DECLARATION THAT…
d. A DECLARATION THAT…
1.2 The grounds upon which this application is brought are as follows:
a. THE DEFENDANT HAS NO AUTHORITY TO CONDUCT ANY
INVESTIGATION OR INVESTIGATION PROCEEDINGS ON
ACTIONS OF THE PLAINTIFF…
b. THE POWERS OF THE DEFENDANT ARE LIMITED TO…
c. THE SUMMONS OF THE PLAINTIFF BY THE DEFENDANT
AMOUNTS TO USURPATION OF THE ADJUDICATORY POWERS
OF THE COURT AND WHICH RUNS AGAINST THE PROVISIONS
OF THE CONSTITUTION.
2.0 FACTS

2.1 The Plaintiff is a …


2.2 The Defendant is...
2.3 There was no advice given to the Defendant by the Plaintiff or any of its
employee…
2.4 That the Defendant on its own volition entered into a…
2.5 The Plaintiff did not subscribe to any…
3.0 ISSUES FOR DETERMINATION

3.1 Whether the Defendant has authority under the Constitution of the Federal
Republic of Nigeria to…?
3.2 Whether it was lawful for the Defendant to…?
4.0 LEGAL ARGUMENTS
4.1 ISSUE ONE (1)

“Whether the…?”.
4.1 The power to….
4.2 The Defendant derives its authority from…
4.3 The power of the Defendant is contained in…
4.4 Section…
4.5 From the clear decision of the Court above…
4.6 My Lord, the above judicial pronouncement further supports the plaintiff’s
position that the Defendant cannot investigate into the affairs of private entities
not under the direct employment of the government. The dispute between parties
is purely one arising out of a civil cause of action and which is not for public
interests but private benefits.

4.11 It is therefore our submission that the Defendant lack the authority to investigate
the Plaintiff.

5.0 ISSUE TWO (2)


Whether….?
1.1 The powers of the
1.2 The opening words of section 89(1) of…
5.3 Lord Denning in the celebrated case of MACFOY V. UNITED AFRICAN CO.
LTD. (1961) 3 W.L.R. 1405 AT P.1409, P.C. held that…
5.4 The purported acts of the Defendant to …
1.3 We therefore urge the Court to resolve this issue in our favor and hold that…
8.0 CONCLUSION
8.1 In conclusion, we urge this honorable Court to grant all the reliefs sought by the
Plaintiffs on the grounds that:
a. The Defendant had no authority to…
b. It was unlawful for…
c. The proceedings before the…

DATED THIS _______ DAY OF ____________ 2020.


_____________________________
IDUH DANEL, Esq.
IDUH & CO
Solicitors & Advocates
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
ghi@gmail.com
081*************

FOR SERVICE ON:


1. The Defendant:
TQ
Kapital Street, Off Obafemi Awolowo Street
Garki, Abuja.

19.
CERTIFICATE OF COMPLIANCE
IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE LOKOJA JUDICIAL DIVISION
HOLDEN AT LOKOJA
SUIT NO. ________________
BETWEEN
MR. ABJ ................. CLAIMANT
AND
1. IP LTD
2. ENGR. O. A. O ................... DEFENDANTS
CERTIFICATE PURSUANT TO SECTION 84(4) OF THE EVIDENCE ACT,
2011
I, MR. ABJ, Male, Adult, Christian and a Nigerian citizen of Nigeria resident Behind
…………………….. Kogi State, do hereby certify as follows:
1. That the electronic evidence referred to as "Exhibit …." in paragraph ….. of my
Witness Statement on Oath is as processed and stored on my ……….. with S/N
…….. and IMEI …………………, which I use regularly to send and receive
emails.
2. That the said phone has always been in my custody and at the time when the said
evidence was processed by the said phone, other emails to and from other
addresses were regularly processed and stored on the said phone.
3. That the said phone was, at the time of processing the said evidence, operating
properly and in perfect working condition.
4. That the above information is true to the best of my knowledge and belief.

DATED THIS _______ DAY OF __________________________, 20….

______________
DEPONET
20.
APPLICATION FOR TRANSFER OF A CASE FROM AREA COURT TO HIGH
COURT FOR LACK OF JURISDICTION
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
…….th …………, 20…..
The Administrative Judge,
High Court of Justice,
Abuja Judicial Division,
F.C.T, Abuja.
RE: AREA COURT OF THE FEDERAL CAPITAL TERRITORY ABUJA
IN THE AREA COURT OF ABUJA
HOLDEN AT ABUJA

APPLICATION FOR TRANSFER OF SUIT NO…. BETWEEN… PURSUANT


TO SECTION 15 AND 16 OF THE AREA COURT ACT CAP. 477 LAWS OF
FCT NIGERIA, AND ORDER 11 PART II, RULE 3 AND 4 OF THE AREA
COURTS ACT- SUBSIDIARY LEGISLATION CAP. 477 LAWS OF FCT
NIGERIA

We are counsel to … (the …) in the above stated case pending at the Area Court, FCT,
Abuja. We humbly seek the transfer of the suit to the High Court for proper adjudication.
GROUNDS FOR THIS APPLICATION
1. The Defendant is a juristic person and not subject to the jurisdiction of the Area
Court.
2. The Defendant has not consented to be tried at the Area Court.
3. The subject matter of the transaction in the suit is a mortgage transaction between
Bank and Customer and therefore not subject to the jurisdiction of the Area Court.
We most humbly pray My Lord to enquire into the above suit and transfer same from the
Area Court of the FCT, Abuja to the High Court of the FCT, Abuja, as we are ready to
defend the suit to its logical conclusion.
We attach herewith copy of the claim before the Area Court, FCT, Abuja.
We would be most humbly grateful if our application is considered and granted.
Thank you.
Yours faithfully,
…………………………………
IDUH DANEL, Esq.
IDUH & CO
Solicitors & Advocates
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
ghi@gmail.com
081*************

LETTERS
“We educated, privileged lawyers have
a professional and moral duty to
represent the underrepresented in our
society, to ensure that justice exist for
all, both legal and economical”
- SONIA SOTOMAYOR
LETTER HEAD

4t
h
of July, 2020

Basset Sunday

……………………………

Dear Sir,

NOTICE TO QUIT

I, ……………… Esq. Solicitor to Miss/Mr. ………….. ..(Owner/Landlord)


hereby give you SIX MONTHS (6) Months’ Notice to quit and deliver up
possession of the property, a ………. with the appurtenances situate at No
………, Lagos State in the ………Magisterial district of the court, which you hold
as a yearly tenant, on the …..th of …………., 20…..
You are therefore enjoined to comply strictly with the above in your own interest.

DATED THIS ……th Day of…….., 20…...

…………………
……………….

IDUH DANEL, Esq.


IDUH & CO
Solicitors & Advocates
No.98 Orlu Road, Off Yusuf
Mohammed Road, Ilorin Kwara.
ghi@gmail.com
081*************
HABI OKOKOTO
………………………………..
……………………….STATE.

Dear Sir,

NOTICE OF OWNER’S INTENTION TO RECOVER POSSSESSION OF PREMISES.

We act as solicitors to ………………. (Your landlord) (Hereinafter referred to as ‘’Our


Client’’) and on her instruction we write you to quit and deliver up possession of the
…..Bedroom flat with all appurtenances situate, lying and being at ……………………….
STATE. Which you held of him as a tenant.
Our client has resorted to this action owing to the fundamental breach of some of the terms of
the tenancy agreement between you and our client and also because our client want to make
personal use of the flat, In view of the above you are hereby given (7) Seven days’ notice within
which you are to vacate the 3bedroom flat.

You are required to settle all outstanding bills up to date and pay your outstanding
………………. months rents.
We thank you for your anticipated co-operation.

Yours Faithfully,
…………………………………….
SIGRID .C. OKAFOR ESQ
PP: O.C.SIGRID & CO
NO. 2, SALAMI OKE STREET,
SURULERE LAGOS
TEL: 08056834322
E- MAIL: o.c.sigrid@gmail.com
AFFIX

GUARANTOR’s
PASSPORT
GUARANTOR’S UNDERTAKING FORM HERE

PLEASE, DO NOT GUARANTEE SOMEONE NOT WELL KNOWN TO YOU


FOR AT LEAST 3 YEARS. ALSO PROVIDE VALID AND FUNCTIONAL
EMAIL AND CONTACT PHONE NUMBERS

AS A GUARANTOR, YOU WILL BE CONTACTED FOR VERIFICATION, AS IT IS A REQUIREMENT


BEFORE OFFER LETTERS ARE GIVEN TO THE APPLICANT. KINDLY RESPOND IMMEDIATELY AND
WITHIN 24HRS ONCE
EMPLOYEE’S CONTACTED Title:
DATA:

SURNAME………………….. Other Name……………………….

GUARANTOR’S DATA

Title: SURNAME,_______________________ Other


Names:_________

*Date of Birth: ______ Age:

*Religion: *Residential address: ___________________________

*Closest landmark:
____________________

*Mobile Telephone No(s)

Personal Email Address:


__________________________

*Business/Organisation Name:
______-________-_______________

*Business/Organisation Address:
____________________-_________-_

*Nearest Bus stop:_______________________

*Closest landmark:__________-

_____

Office Telephone No(s):

*Occupation/Profession/Job Title: Since

*Job Grade/Level at Work: _____________________*Official Email


Address:___-
GUARANTOR’S UNDERTAKING FORM

D E C L A R A T I O N BY GUARANTORs

I………………………………hereby confirm that Mr./Mrs./Miss …………………… of


(candidate’s address) has been
known to me f o r years as
(State Relationship)

I declare that all information and ID tendered for this purpose are valid and authentic, any false
information given may lead to termination of the job offer.

I confirm that the applicant’s house address provided above is valid and correct.

I confirm that he/she is of good character, fit and proper to be considered for employment. I, on the
strength of this, accept to be his/ her Guarantor; produce him/her or to indemnify Workforce
Outsource and / or its subsidiaries or related companies for any loss or liability suffered or
incurred as a result of the action, inaction, negligence or fraud by the Employee should the
need arise.

If I am unable to produce him/her for any loss or liability suffered or incurred as a result of his/her
action, inaction or fraud; and if he is unable to in his/her own capacity remedy or refund within an
agreed time loss or liability suffered or incurred; I as the Guarantor accepts to remedy or refund the
loss or liability suffered

Please Note:
“Workforce Outsource requires that you assume the responsibility of regularly counselling the
candidate to ensure that he/she is of good conduct at all times.”

I hereby declare and affirm that the statements are true and correct in accordance with the Oaths Law
of Nigeria.

Guarantor’s
Signature/D
ate

Witness Full Names: ………………………………………


YOUR ADDRESS

COMPANY’S ADDRESS

Dear_____
After months of reviewing the outlook for the company in the wake of this economic downturn,
I see no other alternative than to resign my position as chief financial officer with …….(company).
Needless to say, after ………. years of service, this decision was not an easy one.
Please make my resignation effective ..………., which is the end of my scheduled vacation. I will
turn over all company books and settle my accounts prior to that date.
I look back on the experience gained and the friends made with much regard. My association with
HHH has been a valued part of my life.
Good luck to you in the years to come.
Yours Sincerely,
____________________
{NAME}
Date: ……………………………….
Attn: ………………………
,
Re: LETTER OF RESIGNATION

Dear ……………….
Please accept this as a formal notice of my resignation from the position of …………., effective
………week from today, making …………………. my last day of employment.

After careful consideration, I have made the decision to resign in order to. Working for has been a
wonderful experience that has afforded me many valuable opportunities to learn and grow, and I am
very grateful to have been part of this organization.

I wish you and continued growth and success in the future.


Sincerely,
________________________
“WILL THOSE CHARGED WITH THE DUTY OF
ENFORCING THE LAW, ENFORCE SAME ON
THEMSELVES?” -SIGRID .C. OKAFOR

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