IN THE MAGISTRATE COURT OF LAGOS STATE

IN THE EBUTE-METTA MAGISTERIAL DISTRICT

HOLDEN AT EBUTE-METTA
SUIT NO. …………………..………
BETWEEN:
MR. OKECHUKWU ONYEMAUWA ……………………. CLAIMANT
AND
MR. CLEMENT VICTOR ………………………… DEFENDANT

SUMMONS FOR RECOVERY OF POSSESSION OF PREMISES

You are summoned to appear before the Magistrate Court of Lagos 1. Claimant’s Legal Practitioners’
fee: N400,000.00
State at the ……………………. Magisterial District on the …………….. day
of ……………………… 2018 at hour of 9.00 in the morning or soon thereafter 2. Arrears of Rent from 4/5/2015
to answer the Claimant’s claim to recover possession of the Two (2) till the 4/5/2017:
Bedroom Flat situate at 18, Adefowope Street, Aguda, Surulere, Lagos N700,000.00
State, within the jurisdiction of this Court on the ground stated on the
3. Mesne profits from 4/6/2017 at
particulars of the annexed claim, and also to recover the sums of the rate of N29,170.00 per
money mentioned in the said particulars. month until possession is given
up.
If you dispute the claim or have a counterclaim you should within…………
days after the service of this summons on you, inclusive of the day of 4. TOTAL claim as at 1/3/2012:
N1,333,360.00
service, send to the Registrar, a defence or counterclaim for which the
form below may be used.

If you dispute only part of the money claimed, you may pay the amount admitted to the Court Registry.
If you admit the whole or part of the claim and desire time for the payment or giving of possession, you should
within …………. days send to the Registrar an admission for which the form below may be used.
Sending the form to the Registrar does not relieve you from appearing at the Court on the day named, but delay
in sending a defence or admission or in giving possession to the Court may add to the costs.
To the Defendant………………MR. CLEMENT VICTOR ……………….

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

Signed:…………………………………….
TAKE NOTICE that if you hold the above-mentioned premises as a tenant of any person other than the Claimant, you must
give notice to that person or to his agent, of this summons immediately it comes to your knowledge.
I dispute the Claimant’s claim because (state facts relied on in support of defence) or I admit the Claimant’s title and of his
right to immediate possession and offer to give up possession on the …….. day of …………20…. I admit the claim
………………….. or (I admit N…………………. part of the claim) and I ask for leave to pay the same, with costs on that amount, on
the ………….. day of ……………. 20…. because …….. I have a counterclaim against the Claimant for N…………………..

………………………………….
Defendant

Emmanuel Okorie, Esq.

Okorie & Okorie
Solicitor to Claimant
9, Ajasa Street (1st Floor)
Onikan
Lagos Island, Lagos
FOR SERVICE ON:
Mr. Clement Victor
No. 18, Adefowope Street
Aguda, Surulere
Lagos
 IN THE MAGISTRATE COURT OF LAGOS STATE
IN THE EBUTE-METTA MAGISTERIAL DISTRICT
HOLDEN AT EBUTE-METTA

SUIT NO. …………………..………

BETWEEN:

MR. OKECHUKWU ONYEMAUWA ……………………. CLAIMANT

AND

MR. CLEMENT VICTOR ………………………… DEFENDANT

STATEMENT OF CLAIM

The Claimant is entitled to the possession of the Two (2) Bedroom Flat situate at No. 18,
Adefowope Street, Aguda, Surulere, Lagos State, which was held by the Defendant for a term
and which said tenancy was determined by effluxion of time and on the 26th day of January,
2018, the Claimant did serve on the Defendant, a notice in writing of his intention to apply to
recover possession of the said premises by handing the said notice dated the 26th day of
January, 2018 to the Defendant, who received the notice (copy of the said notice are attached
hereto) and notwithstanding the said notice, the Defendant has refused or neglected to deliver
up possession of the said premises, and still detains the same.

The Claimant claims possession of the said premises; the sum of N700,000.00 being arrears of
rent from the 4th day of May, 2015 till the 4th day of May, 2017; and mesne profits from the 4th
day of June, 2017 at the rate of N29,170.00 per month until possession is given up.

GROUNDS OF POSSESSION:

1. Personal use
2. Arrears of rent

Annual Rental Value: N350,000.00 (Three Hundred and Fifty Thousand Naira).

Dated…………. day of …………………………2018

Emmanuel Okorie, Esq.

Okorie & Okorie
Solicitor to Claimant
9, Ajasa Street (1st Floor)
Onikan
Lagos Island, Lagos
FOR SERVICE ON:
Mr. Clement Victor
No. 18, Adefowope Street
Aguda, Surulere
Lagos
 IN THE MAGISTRATE COURT OF LAGOS STATE
IN THE EBUTE-METTA MAGISTERIAL DISTRICT
HOLDEN AT EBUTE-METTA

SUIT NO. …………………..………

BETWEEN:

MR. OKECHUKWU ONYEMAUWA ……………………. CLAIMANT

AND

MR. CLEMENT VICTOR ………………………… DEFENDANT

LIST OF DOCUMENTS TO BE RELIED ON BY THE CLAIMANT

At the hearing of this suit, the Claimant shall tender and rely on the following documents:

1. Rent Payment Receipts

3. Letter of Instruction dated the ___ day of _______, 20

4. Notice of Owner’s Intention to Recover Possession dated the 26th day of January, 2018

Dated…………. day of …………………………2018

Emmanuel Okorie, Esq.

Okorie & Okorie
Solicitor to Claimant
9, Ajasa Street (1st Floor)
Onikan
Lagos Island, Lagos

FOR SERVICE ON:

Mr. Clement Victor

No. 18, Adefowope Street
Aguda, Surulere
Lagos
 IN THE MAGISTRATE COURT OF LAGOS STATE
IN THE EBUTE-METTA MAGISTERIAL DISTRICT
HOLDEN AT EBUTE-METTA

SUIT NO. …………………..………

BETWEEN:

MR. OKECHUKWU ONYEMAUWA ……………………. CLAIMANT

AND

MR. CLEMENT VICTOR ………………………… DEFENDANT

CLAIMANT’S WRITTEN DEPOSITIONS

I, Mr. Okechukwu Onyemauwa, male, adult, Nigerian, residing at No. 18, Adefowope Street,
Aguda, Surulere, Lagos State, do hereby make these depositions and state as follows:-

1. I am the rightful owner of the Two (2) Bedroom Flats situate and known as No. 18,
Adefowope Street, Aguda, Surulere, Lagos State.

2. I am also the Landlord of Mr. Clement Victor, the Defendant in this suit, who has being
occupying my said Two (2) Bedroom situate and known as No. 18, Adefowope Street,
Aguda, Surulere, Lagos State and by virtue of the fact I am fully conversant with the
facts deposed to herein.

3. I put the Defendant into possession of my Two (2) Bedroom situate at No. 18,
Adefowope Street, Aguda, Surulere.

4. My tenancy with the Defendant was a yearly tenancy commencing from 4th day of May
of each given year to 3rd day of May of the following year.

5. Since the initial tenancy of the Defendant expired on the 4th day of May, 2014, the
Defendant always defaults for a long time before he would renew the tenancy for
another one year.

6. The Defendant’s tenancy legally expired on the 4th day of May, 2015 and since then the
Defendant has remained in possession of my premises without payment.

7. When in December, 2017, the Defendant still remained adamant to my plea to him to
pay his rent and renew his tenancy; I authorized and instructed Emmanuel Okorie, Esq.
of Okorie & Okorie to prepare the relevant notices and to take steps to eject the
Defendant from my premises.

8. Apart from the fact that the Defendant willfully refused to pay rent and renew his
tenancy on my property, I further instructed Emmanuel Okorie, Esq. of Okorie & Okorie
to issue the relevant notices and eject the Defendant from the property because my
children have now grown up to adulthood and my first son has married and the place
we are presently occupying can no longer accommodate all my family members, hence,
I need the property occupied by the Defendant for my personal use.
9. Pursuant to my instruction, Emmanuel Okorie, Esq. of Okorie & Okorie and sequel to
the fact that the Defendant’s tenancy was determined by effluxion of time, he was
issued a Notice of Owner’s Intention to Recover Possession dated the 26th day of
January, 2018, which was duly served on the Defendant in the premises on the 26th day
of January, 2018.

10. Despite receiving the Notice of Owner’s Intention to Recover Possession dated the 26th
day of January, 2018, the Defendant is still retaining my property till date and has
blatantly refused to vacate and deliver possession of the premises.

11. The Defendant is not an honest person and has shown his inability to pay his rent since
his initial rent on my premises expired on 4th May, 2015. His continuous stay on my
property is therefore no longer reasonable, tenable or safe for either of us.

12. I therefore pray the honourable Court to grant my requests as contained in the
Statement of Claim which I filed in this suit.

13. AND I make this Statement in good faith conscientiously believing the content to be true
and in accordance with the Oaths Law of Lagos State, Nigeria.

DEPONENT

Sworn at the Magistrate Court Registry, Ebute-Metta,

Lagos, this__________ day of _____________ 2018

BEFORE ME

COMMISSIONER FOR OATHS.

 IN THE MAGISTRATE COURT OF LAGOS STATE
IN THE EBUTE-METTA MAGISTERIAL DISTRICT
HOLDEN AT EBUTE-METTA

SUIT NO. …………………..………

BETWEEN:

MR. OKECHUKWU ONYEMAUWA ……………………. CLAIMANT

AND

MR. CLEMENT VICTOR ………………………… DEFENDANT

WRIT OF POSSESSION

The Plaintiff is entitled to the possession of the Two (2) Bedroom situate at No. 18, Adefowope
Street, Aguda, Surulere, Lagos State which was held by the Defendant for a yearly term and
which said tenancy was determined by effluxion of time and on the 26th day of January, 2018,
the Claimant did serve on the Defendant, Mr. Clement Victor, a notice in writing of his
intention to apply to recover possession of the said premises by handing the notice to the
Defendant but refused to acknowledge receipt of the notice (a copy of the said notice are
attached hereto) and notwithstanding the said notice, the Defendant has refused or neglected
to deliver up possession of the said premises, and still detains the same.

The Claimant claims possession of the said premises; the sum of N700,000.00 being arrears of
rent from the 4th day of May, 2015 till the 4th day of May, 2017; and mesne profits from the 4th
day of June, 2017 at the rate of N29,170.00 per month until possession is given up.
Cost of action.

GROUNDS OF POSSESSION:

1. Personal use

2. Arrears of Rent

Annual rental value N350, 000.00 (Three Hundred and Fifty Thousand Naira Only).

Dated…………. day of …………………………2018

Emmanuel Okorie, Esq.

Okorie & Okorie
Solicitor to Claimant
9, Ajasa Street (1st Floor)
Onikan
Lagos Island, Lagos
FOR SERVICE ON:
Mr. Clement Victor
No. 18, Adefowope Street
Aguda, Surulere
Lagos State