Affidavit

1. Sample Draft in Support of a Motion Ex Parte in Garnishee Proceedings

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

                                                                                                      SUIT NO.: suit number of  the case           

BETWEEN

Party 1…..……..………….. JUDGMENT CREDITOR /APPLICANT

AND

Party 2 ………… JUDGMENT DEBTOR/ RESPONDENT

BETWEEN

Party 1…..……..………….. JUDGMENT CREDITOR /APPLICANT

AND

Party 2 ………… JUDGMENT DEBTOR/ RESPONDENT

AND

1.      (Bank Name)

2.      (Bank Name)

3.      (Bank Name)

4        (Bank Name)

5.      (Bank Name)

6.      (Bank Name)                                                 – – – – -GARNISHEES

7.      (Bank Name)

8.      (Bank Name)

9.      (Bank Name)

10.    (Bank Name)

11.    (Bank Name)

AFFIDAVIT IN SUPPORT OF MOTION EXPARTE

I, introduced, stating your name, gender, age, religion, address, and state:

 

• That I am a Legal Practitioner in the law firm of the Solicitors to the Judgment Creditor/Applicant (this line states the deponent relationship with the case and judgment creditor since this affidavit is in support of the judgment credit and creditor)
• That by virtue of my said position, I am very conversant with the facts of this matter and/or with the facts deposed to herein.
• That have the authority of the judgment creditor and my employers to make these depositions.
• That I know as a fact that the judgment in this matter was entered on the —- day of Month, year by His lordship, (name of the judge) of the (name of the court) in Suit No. (suite number) .
• The certified true copy of the said judgment is annexed herewith and marked Exhibit A.

1. That by the said judgment, the Judgment Debtor was ordered to pay the following sums to the Judgment Creditor/Applicant: to wit:
2. The Defendant was ordered to pay the Judgment Creditor/Applicant the sum of £150 or its Naira equivalent being the cost incurred by the Judgment Creditor as consultation fee.
3. The Defendant was ordered to pay the Judgment Creditor/Applicant the sum of £2, 183.000 being the cost incurred by the Judgment Creditor for medication in the United Kingdom Hospital. 
4. The Defendant was ordered to pay the Judgment Creditor/Applicant the sum of £2, 247.56 being the purchase price of the personal items contained in the luggage of the Judgment Creditor which the Judgment Debtor misplaced.
5. The Defendant was ordered to pay the Judgment Creditor/Applicant the sum of 5, OOO.OOO(Five million Naira) only as damages for breach of contract and N100, 000 (One Hundred Naira) as cost of the suit bringing the sum total of damages and cost to 5,100.000 (Five million One hundred thousand naira) only.

The text in paragraphs 5a to 5e outlines the order for the payment of the judgment sum.

 

• That  (your informant), the account officer (his/her relationship with the case)of …………… informed me in our office on (state the date),  and i verily believe her to be true as follows:
• That the Naira equivalent total of the judgment sums is N15, 896,209.42.

 

• That the total judgment sum and the post-judgment interest thereon at the rate of 10% per annum is N15, 896,209.42.
•  That I know as a fact that the post Judgment interest on the judgment sum which runs from the Day of Judgment until the liquidation of the said judgment was 10%.

 

• • That I know as a fact that the total judgment sum and the post-judgment interest at rate of 10% per annum is N15,896,209.42 (Fifteen Million, Eight Hundred and Ninety-Six Thousand, Two Hundred and Nine Naira, Forty-Two Kobo).

 

• • That I know as a fact that payment of post-judgment interests on a judgment sum is automatic, particularly where the same is sought for but the court never expressly says it wouldn’t grant it.

 

• • That till date, neither this Honourable Court nor the Appellate Court has made any order staying the execution of the Judgment.

 

• • That till date, the Judgement sum and the post-judgment interest at rate of 10% per annum is N15,896,209.42 (Fifteen Million, Eight Hundred and Ninety Six Thousand, Two Hundred and Nine Naira, Forty Two Kobo) subsists and the Judgment Debtor has not paid the Judgment Debt.

 

• • That I know as a fact that the Garnishees are indebted to the Judgment-Debtor on  ground that the Judgment-Debtor operates and maintains accounts with the Garnishees;

 

• • That I know as a fact that the Garnishees are deposit-taking institutions with places of businesses all over Nigeria, but I do not know the names and addresses of the branches where the Judgment-Debtors maintain its accounts and I do not know the account(s) numbers of the Judgment-Debtor with the Garnishees

 

1. 1. That I know as a matter of fact that the Garnishees can be served at their respective regional office address here in Abuja with the copies of the Order Nisi made by this Honourable Court.

 

• • That it is in the interest of justice to grant this application in order for the Judgment-Creditor to enjoy the benefit of the Judgment of this Honourable Court.

 

• • That I hereby make this affidavit in good faith, conscientiously believing same to be true and correct and in accordance with the applicable Oaths Law.

                                                                                      ________________

  DEPONENT

SWORN to at the Registry

of the Federal High Court, Abuja.

This…………… day of December 2018

BEFORE ME

COMMISSIONER FOR OATHS