IN THE HIGH COURT OF JUSTICE

OYO STATE OF NIGERIA

IN THE IBADAN JUDICIAL DIVISION
HOLDEN AT IBADAN
SUIT NO:
BETWEEN:
1. FLORAMOS FARMS
&HATCHERIES LTD ….CLAIMANTS/APPLICANTS
2. MR. ADEOYE ADEJOBI
AND
1. WEMA SECURITIES & FINANCE PLC
2. MR. SALIMON OLADEJI BIOBAKU
3. MRS.MOJISOLA ADEYI-BAFUNJO
DEFENDANT/RESPONDENTS
(Joined by order of court dated 13th February, 2014)

MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 24 RULE 1,2&3 OF THE OYO
STATE HICH COURT (CIVIL PROCEDURE) RULES AND UNDER
THE INHERENT JURISDICTION OF THIS HONOURABLE COURT
TAKE NOTICE that this honourable court will be moved on the ___ day of ____
2022 at the hour of 9 o clock in the forenoon or so soon thereafter as counsel may
be heard on behalf of the Claimant/Applicants for the following prayers:
i. AN ORDER granting leave to the Claimants/Applicants to amend their
writ of summon dated 1st October, 2016 and filed 2nd October, 2016 in the
manner and terms of the Proposed Amended Writ of Summons attached
as Exhibit A of the Affidavit in Support of this application.
ii. AN ORDER deeming the Claimant’s Amended Writ of Summon which
is dated 21st October, 2016, which has been already filed and served as
having been properly filed and served.
 iii. AND FOR SUCH FURTHER ORDER OR ORDERS as this
honourable court may deem fit to make in the circumstances.
Dated this ____ day of ____ 2022.
…….………………………..
K.O OLANREWAJU (MRS)
PATRICK EZEANA & CO.
CLAIMANT’S COUNSEL
74, FAJUYI ROAD,
ADAMASINGBA,
IBADAN, OYO STAE

FOR SERVICE ON:

1. 1ST DEFENDANT
BUSARI & CO
163/165, OLD NIGER HOUSE
BROAD STREET,
LAGOS
2. 2ND DEFENDANT
TRUST CHAMBERS
181 AKOWONJO-EGBEDA ROAD
EGBEDA
LAGOS.
3. 3RD DEFENDANT
c/o HER COUNSEL,
TUNDE GADE, ESQ
TUNDE GADE & CO
GRACE LAND LAW OFFICE
3, REDEMPTION WAY
ADJACENT CARLTON GATE ESTATE
KOLAPO ISHOLA GRA, OFF GENERAL GAS
AKOBO, IBADAN,
OYO STATE
 IN THE HIGH COURT OF JUSTICE
OYO STATE OF NIGERIA
IN THE IBADAN JUDICIAL DIVISION
HOLDEN AT IBADAN
SUIT NO:
BETWEEN:
1. FLORAMOS FARMS
&HATCHERIES LTD ….CLAIMANTS/APPLICANTS
2. MR. ADEOYE ADEJOBI
AND
1. WEMA SECURITIES & FINANCE PLC
2. MR. SALIMON OLADEJI BIOBAKU
3. MRS.MOJISOLA ADEYI-BAFUNJO
DEFENDANT/RESPONDENTS
(Joined by order of court dated 13th February, 2014)

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE

I, ADEOYE ADEJOBI, Male, Banker, and Nigerian and citizen of No 5,
Oluwasina Street, Near Tambarma, Ibadan, Oyo state, do hereby make an Oath and
state as follows:
1. That I am the second Claimant/Applicant
2. That by virtue of my position, I am conversant with the facts of this case
3. That I have the consent of the first Claimant/Applicant to depose to this
affidavit
4. That on the 19th October, 2022, my lawyer K.O Olanraewaju (Mrs) of
counsel, informed me in her office at around 4:30pm and I verily believe
same to be true that:
a. By an application for Joinder dated and a subsequent order of this
Honourable Court dated 13 th
February, 2014, the third
defendant/respondent was joined as defendant to this suit: I/97/08
b. And the court ordered my counsel to equally amend the originating
process of this suit to reflect the joinder of the 3rd defendant as a party
 c. That on the 21st October, 2022, my lawyer filed an amended writ of
summon in the Registry of this Honourable court.
d. The developments stated above gave need to amend the Claimant’s Writ
of summon
e. The Proposed Amended Writ of Summon is annexed to this affidavit in
support of motion on notice as Exhibit A
5. That the leave of this Honourable Court is required for the Amendment of
the Writ of Summon
6. That it is in the interest of justice to grant this application
7. That I depose to this application in good faith and in accordance to Oaths
Act
…………….
DEPONENT
Sworn to at the High Court
Of Oyo State Registry, Ibadan,
This …… day of ……… 2022.
BEFORE ME
……………………………..
COMMISSIONER FOR OATHS.
 IN THE HIGH COURT OF JUSTICE
OYO STATE OF NIGERIA
IN THE IBADAN JUDICIAL DIVISION
HOLDEN AT IBADAN
SUIT NO:
BETWEEN:
1. FLORAMOS FARMS
&HATCHERIES LTD ….CLAIMANTS/APPLICANTS
2. MR. ADEOYE ADEJOBI
AND
1. WEMA SECURITIES & FINANCE PLC
2. MR. SALIMON OLADEJI BIOBAKU
3. MRS.MOJISOLA ADEYI-BAFUNJO
DEFENDANT/RESPONDENTS
(Joined by order of court dated 13th February, 2014)

WRITTEN ADDRESS IN SUPPORT OF MOTION ON NOTICE

1.0 INTODUCTION
1.01. This written address is in compliance with Oyo State High Court (Civil
Procedure) Rules, and in support of Motion on Notice dated ____ day of
____ 2022.
This Application is brought pursuant to Order 24 Rule 1,2&3 of the Oyo
State High Court (Civil Procedure) rules and under the inherent jurisdiction
of this Court.
1.02. This Application is supported by a 7 paragraphs affidavit and we shall be
relying on all facts of the affidavit.
1.03. The prayers sought in the application are as follows:
i. AN ORDER granting leave to the Claimants/Applicants to amend their
writ of summon dated 1st October, 2016 and filed 2nd October, 2016 in
the manner and terms of the Proposed Amended Writ of Summons
attached as Exhibit A of the Affidavit in Support of this application.
 ii. AN ORDER deeming the Claimant’s Amended Writ of Summon
which is dated 21st October, 2016, which has been already filed and
served as having been properly filed and served.
2.0. ISSUES FOR DETERMINATION
2.1. The following are the issues for determination before this honourable court:
i. Whether this honourable court has the jurisdiction to grant leave
for amendment of writ of summons
ii. Whether the claimants/applicants are entitled to the grant of their
application for amendment of writ of summons.

3.0. ARGUMENT ON THE FIRST ISSUE

i. Whether this honourable court has the jurisdiction to grant leave
for amendment of writ of summons
3.1. The Oyo State High Court (Civil Procedure) Rules grants power to the
State High Court to grant leave for amendment of originating process and
pleadings at any time before the close of pre-trial conference and not more
than twice during the trial but before the close of the case.
3.2. The law provides further that an application to amend may be made to a
Judge in the Court
3.3. It is trite law that the power of a trial court to amend processes either the
originating processes or further processes filed during the course of a matter
is almost limitless.
3.4. We humbly rely on the case of Yakubu Gawon v. Edith Ike Okongwu &
Ors. (2003) 1 SC (Pt. 111) 57; (2003) 6 NWLR (PT 815) 1 at 48, Para. G,
that the power of the trial court to grant amendment is almost limitless and
would not be questioned unless it is shown that the trial court’s discretion
was improperly exercised.
3.5. It is therefore our submission that all courts, including this Court, has the
power to grant leave for amendment of originating processes. The court can
either suo motu effect
4.00. ARGUMENT ON THE SECOND ISSUE
5.00 CONCLUSION
DATED THIS …… DAY OF …… 2022
…….………………………..
 K.O OLANREWAJU (MRS)
PATRICK EZEANA & CO.
CLAIMANT’S COUNSEL
74, FAJUYI ROAD,
ADAMASINGBA,
IBADAN, OYO STATE

FOR SERVICE ON:

1. 1ST DEFENDANT
BUSARI & CO
163/165, OLD NIGER HOUSE
BROAD STREET,
LAGOS
2. 2ND DEFENDANT
TRUST CHAMBERS
181 AKOWONJO-EGBEDA ROAD
EGBEDA
LAGOS.
3. 3RD DEFENDANT
c/o HER COUNSEL,
TUNDE GADE, ESQ
TUNDE GADE & CO
GRACE LAND LAW OFFICE
3, REDEMPTION WAY
ADJACENT CARLTON GATE ESTATE
KOLAPO ISHOLA GRA, OFF GENERAL GAS
AKOBO, IBADAN,
OYO STATE
 IN THE HIGH COURT OF JUSTICE
OYO STATE OF NIGERIA
IN THE IBADAN JUDICIAL DIVISION
HOLDEN AT IBADAN
SUIT NO:
BETWEEN:
3. FLORAMOS FARMS
&HATCHERIES LTD ….CLAIMANTS/APPLICANTS
4. MR. ADEOYE ADEJOBI
AND
4. WEMA SECURITIES & FINANCE PLC
5. MR. SALIMON OLADEJI BIOBAKU
6. MRS.MOJISOLA ADEYI-BAFUNJO
DEFENDANT/RESPONDENTS
(Joined by order of court dated 13th February, 2014)

MOTION EXPARTE
BROUGHT PURSUANT TO ORDER 7 RULE 5 OF THE OYO STATE
HIGH COURT (CIVIL PROCEDURE) RULES AND UNDER THE
INHERENT JURISDICTION OF THIS HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on the ____ day of
_____ 2022 at the hours of 9 0 clock in the forenoon or so soon thereafter as
counsel may be heard for the following prayers:
1. AN ORDER granting leave to the Claimants/Applicants to effect service of
the Amended Writ of Summon on the Defendants/Respondents by
substituted means by pasting same on the wall/gate of the last known
address of the defendants
2. AND FOR SUCH FURTHER ORDER/ORDERS as this Honourable
Court may deem fit in the circumstances.
DATED THIS …….. DAY OF …… 2022
 …….………………………..
K.O OLANREWAJU (MRS)
PATRICK EZEANA & CO.
CLAIMANT’S COUNSEL
74, FAJUYI ROAD,
ADAMASINGBA,
IBADAN, OYO STATE
 IN THE HIGH COURT OF JUSTICE
OYO STATE OF NIGERIA
IN THE IBADAN JUDICIAL DIVISION
HOLDEN AT IBADAN
SUIT NO:
BETWEEN:
5. FLORAMOS FARMS
&HATCHERIES LTD ….CLAIMANTS/APPLICANTS
6. MR. ADEOYE ADEJOBI
AND
7. WEMA SECURITIES & FINANCE PLC
8. MR. SALIMON OLADEJI BIOBAKU
9. MRS.MOJISOLA ADEYI-BAFUNJO
DEFENDANT/RESPONDENTS
(Joined by order of court dated 13th February, 2014)

AFFIDAVIT IN SUPPORT OF MOTION EXPARTE

I, ADEOYE ADEJOBI, Male, Banker, and Nigerian and citizen of No 5,
Oluwasina Street, Near Tambarma, Ibadan, Oyo state, do hereby make an Oath and
state as follows:
8. That I am the second Claimant/Applicant in this suit
9. That by virtue of my position, I am conversant with the facts of this case
10.That I have the consent of the first Claimant/Applicant to depose to this
affidavit
11.That on the 19th October, 2022, my lawyer K.O Olanraewaju (Mrs) of
counsel, informed me in her office at around 4:30pm and I verily believe
same to be true that:
f. By an application for Joinder dated and a subsequent order of this
Honourable Court dated 13 th
February, 2014, the third
defendant/respondent was joined as defendant to this suit: I/97/08
g. And the court ordered my counsel to equally amend the originating
process of this suit to reflect the joinder of the 3rd defendant as a party
 h. That on the 21st October, 2022, my lawyer filed an amended writ of
summon in the Registry of this Honourable court.
i. And effort to serve same processes by the bailiff of this Court on the
Defendants/Respondents had proved unsuccessful.
j. That the bailiff deposed to an Affidavit of Non-Service which is attached
as Exhibit B
12.That the leave of this Honourable Court is required for service to be effected
on the defendants/respondents by substituted means.
13.That it is in the interest of justice to grant this application.
14.That I depose to this affidavit in good faith and in accordance to Oaths Act
…………….
DEPONENT
Sworn to at the High Court
Of Oyo State Registry, Ibadan,
This …… day of ……… 2022.
BEFORE ME
……………………………..
COMMISSIONER FOR OATHS
 IN THE HIGH COURT OF JUSTICE
OYO STATE OF NIGERIA
IN THE IBADAN JUDICIAL DIVISION
HOLDEN AT IBADAN
SUIT NO:
BETWEEN:
3. FLORAMOS FARMS
&HATCHERIES LTD ….CLAIMANTS/APPLICANTS
4. MR. ADEOYE ADEJOBI
AND
4. WEMA SECURITIES & FINANCE PLC
5. MR. SALIMON OLADEJI BIOBAKU
6. MRS.MOJISOLA ADEYI-BAFUNJO
DEFENDANT/RESPONDENTS
(Joined by order of court dated 13th February, 2014)

WRITTEN ADDRESS
2.0 INTODUCTION
1.04. This written address is in compliance with Oyo State High Court (Civil
Procedure) Rules, and in support of Motion on Notice dated ____ day of
____ 2022.
This Application is brought pursuant to Order 5 Rules 1&2 of the Oyo State
High Court (Civil Procedure) rules and under the inherent jurisdiction of this
Court.
1.05. This Application is supported by a 7 paragraphs affidavit and we shall be
relying on all facts of the affidavit.
1.06. The prayers sought in the application are as follows:
i. AN ORDER granting leave to the Claimants/Applicants to effect
service of the Amended Writ of Summon on the
Defendants/Respondents by substituted means by pasting same on the
wall/gate of the last known address of the defendants
2.0. ISSUE FOR DETERMINATION
2.01. The Claimants/Applicants raise this sole issue for determination:
 Whether the Claimants/Applicants are entitled to the grant of leave by this
Honourable Court to serve the Amended writ of summon on the
defendants by substituted means.
a. ARGUMENT ON THE SOLE ISSUE
a. CONCLUSION

DATED THIS _______ DAY OF ______ 2022

…….………………………..
K.O OLANREWAJU (MRS)
PATRICK EZEANA & CO.
CLAIMANT’S COUNSEL
74, FAJUYI ROAD,
ADAMASINGBA,
IBADAN, OYO STATE