WRIT OF SUMMONS

IN THE LSS HIGH COURT OF JUSTICE

IN THE ADO-EKITI JUDICIAL DIVISION

HOLDEN AT ADO-EKITI

BETWEEN SUIT NO. 12/HC/LSS/AD

CHARLES KURUKURU CLAIMANT

AND

THE ADMINISTRATORS/EXECUTORS OF THE

ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

TO: THE ADMINISTRATORS/EXECUTORS OF CHIEF DAMILARE JOHN-SIMON

______________________________________________

OF: 300 LEVEL

YOU ARE HEREBY COMMANDED that within eight (8) days after the service of this

writ on you, inclusive of the day of such service, you do cause an appearance to be entered

for you in an action at the suit of MR. CHARLES KURUKURU and take notice that in
default of your so doing the claimant may proceed therein, and judgment may be given in

your absence.

Dated at Ado Ekiti, this 8th day of March, 2024.

_______________

REGISTRAR

MEMORANDUM TO BE SUBSCRIBED ON THE WRIT

NB: This writ is to be served within twelve calendar months from the date there, or if

renewed, within six calendar months from the date of the last renewal, including the

day of such date, and not after wards.

The Defendant(s) may appear hereto by entering an appearance (or appearances) either

personally or by legal practitioner at the Registry of the Judicial Division in which the writ is

issued.

ENDORSEMENT

CLAIM

The claimant claims against the defendant as follows:

 a. A DECLARATION that there is a valid contract between Mr Charles Kurukuru, the

Claimant and Chief Damilare John-Simon, the deceased, to transfer 200 million naira

worth of shares from Chief Damilare John-Simon, the deceased to Mr Charles

Kurukuru, the claimant.

b. A DECLARATION that the deceased, Chief Damilare John-Simon to transfer of 200

million Naira worth of shares from Chief Damilare John-Simon, the deceased to Mr

Charles Kurukuru, the claimant is valid.

c. AN ORDER OF PERPETUAL INJUNCTION restraining the

Administrators/Executors of the estate of Chief Damilare John-Simon, from interfering

with the execution of the afore mentioned contract between Mr Charles Kurukuru, the

Claimant and Chief Damilare John-Simon, the deceased.

Dated at Ado Ekiti, this 8th day of March, 2024.

_____________________

Orilade Peculiar

(Claimant’s Solicitor)

This writ was issued by: Orilade Peculiar

Of: 300 Level whose address for service is College of Law, Afe Babalola University, Ado

Ekiti. Agent to Claimant, Legal Practitioner for the said Claimant whose address is at Plot

No. 1 Ogaga Estate, GRA, Ado Ekiti, Ekiti State, Nigeria.

This Writ was served on the Administrators/Executors of the estate of Chief Damilare John-

Simon,

On the Defendant(s) by personal service

On the 8th day of March, 2024.

Signed: ______________________________________________

Address: ______________________________________________

IN THE LSS HIGH COURT OF JUSTICE

 IN THE ADO-EKITI JUDICIAL DIVISION

HOLDEN AT ADO-EKITI

BETWEEN SUIT NO. 12/HC/LSS/AD

MR. CHARLES KURUKURU CLAIMANT

AND

THE ADMINISTRATORS/EXECUTORS OF

THE ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

STATEMENT OF CLAIM

1. The Claimant is a law-abiding Nigerian Citizen, and resident at Plot No.1 Ogaga

Estate, GRA, Ado Ekiti, Ekiti State, Nigeria.

2. The Defendant is The Administrators/Executors of the Estate of Chief Damilare

John-Simon of No. 419 Broderick Estate.

3. On the 24th day of February, 2024, the Claimant got married to the love of his life,

Anike John-Simon, the daughter of Chief Damilare John-Simon, the deceased.

Although, the family initially did not approve of the union, they eventually did for

the sake of their daughter and gave them a lavish wedding.

4. The claimant avers that during the reception, the deceased, Chief Damilare John-

Simon called the Claimant aside to follow him to pick up something at the

deceased’s house.

5. The Claimant avers that on getting to the deceased’s house, the deceased had a

conversation with the claimant in which he offered the Claimant the sum of 200

million naira in shares in exchange for the promise of being a good husband to

Anike, the Claimant’s wife and deceased daughter; and a good father to their future

children.

6. The Claimant avers that the deceased, Chief Damilare John-Simon further gave him

the lawyer’s card signifying his intention to be bound by his promise.

7. The Claimant, in a state of shock, initially declined the offer. He however impliedly

accepted the offer by collecting the lawyer’s card. The Claimant shall rely on this

card at trial.

8. The Claimant avers that the deceased, Chief Damilare John-Simon as a show of

love and acceptance also gave him the key to his Bentley and a ring which the men

in their family wear and then said he was going to sleep. The Claimant shall rely on

these at trial.

9. The Claimant avers that he then returned to his wife, Anike at the reception venue

to continue with the party and that after they had left the venue, he, the claimant

told his wife, Anike about everything that happened between himself and her dad,

the deceased and she told him they will talk better on it the next day.

10. The Claimant therefore claims against the defendant as follows:

 a. A DECLARATION that there is a valid contract between Mr Charles Kurukuru, the

Claimant and Chief Damilare John-Simon, the deceased, to transfer 200 million naira

worth of shares from Chief Damilare John-Simon, the deceased to Mr Charles

Kurukuru, the claimant.

b. A DECLARATION that the deceased, Chief Damilare John-Simon to transfer of 200

million Naira worth of shares from Chief Damilare John-Simon, the deceased to Mr

Charles Kurukuru, the claimant is valid.

c. AN ORDER OF PERPETUAL INJUNCTION restraining the

Administrators/Executors of the estate of Chief Damilare John-Simon, from interfering

with the execution of the afore mentioned contract between Mr Charles Kurukuru, the

Claimant and Chief Damilare John-Simon, the deceased.

Dated at Ado-Ekiti, this 8th day of March, 2023.

_____________________

Peculiar Orilade

(Claimant’s Solicitor)

For Service on:

Omolola Oluwatoniloba

Defendant’s Counsel
 IN THE LSS HIGH COURT OF JUSTICE

IN THE ADO-EKITI JUDICIAL DIVISION

HOLDEN AT ADO-EKITI

BETWEEN SUIT NO. 12/HC/LSS/AD

MR. CHARLES KURUKURU CLAIMANT

AND

THE ADMINISTRATORS/EXECUTORS OF

THE ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

LIST OF DOCUMENTS TO BE RELIED ON AT

THE TRIAL BY THE CLAIMANT

1. The business card of Amos Edos Osamudiame, the lawyer.

2. Chief Damilare John-Simon’s car key.

3. Chief Damilare John-Simon’s ring.

4. Call to bar certificate of Amos Edos Osamudiame, the lawyer.

5. Letter of Appointment of Amos Edos Osamudiame.

6. Memorandum and articles of association of Pluto Bank.

7. Certificate of shares of Chief Damilare John-Simon.

8. Shares transfer form.

Dated at Ado-Ekiti, this 2nd day of November, 2023.

_____________________

Orilade Peculiar

(Claimant’s Solicitor)

For Service on:

Omolola Oluwatoniloba

Defendant’s Counsel
 IN THE LSS HIGH COURT OF JUSTICE

IN THE ADO-EKITI JUDICIAL DIVISION

HOLDEN AT ADO-EKITI

BETWEEN SUIT NO. 12/HC/LSS/AD

MR. CHARLES KURUKURU CLAIMANT

AND

THE ADMINISTRATORS/EXECUTORS OF

THE ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

LIST OF WITNESS(ES) TO BE CALLED AT

THE TRIAL BY THE CLAIMANT

1. Mr. Charles Kurukuru

2. Mrs. Anike John-Simon Kurukuru

3. Mr. Amos Edos Osamudiame

Dated at Ado-Ekiti, this 8th day of March, 2024.

_____________________
 Orilade Peculiar

(Claimant’s Solicitor)

For Service on:

______________________

Omolola Oluwatoniloba

Defendant’s Counsel
 IN THE LSS HIGH COURT OF JUSTICE

IN THE ADO-EKITI JUDICIAL DIVISION

HOLDEN AT ADO-EKITI

BETWEEN SUIT NO. 12/HC/LSS/AD

MR. CHARLES KURUKURU CLAIMANT

AND

THE ADMINISTRATORS/EXECUTORS OF

THE ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

WRITTEN STATEMENT ON OATH

I, Mr. Charles Kurukuru, Adult, Male, Nigerian, Christian, of Plot No. 1 of Ogaga Estate,

GRA, Ado-Ekiti, Ekiti State, do hereby make oath and state as follows THAT:

1. I am the Claimant in this case.

2. The Defendant is The Administrators/Executors of the Estate of Chief Damilare

John-Simon of No 419, Broderick Estate.

3. On the 24th day of February, 2024, I got married to the love of my life, Anike John-

Simon, the daughter of Chief Damilare John-Simon, the deceased. Although, the

family initially did not approve of our union, they eventually approved for the sake

of their daughter and gave us a lavish wedding.

4. During the reception, the deceased, Chief Damilare John-Simon called me aside to

follow him to pick up something at his house.

5. On getting to the deceased’s house, the deceased had a conversation with me in

which he offered me a sum of 200 million naira in shares in exchange for the

promise of being a good husband to Anike, my wife and the deceased’s daughter;

and a good father to our future children.

6. The deceased, Chief Damilare John-Simon further gave me his lawyer’s card

signifying his intention to be bound by his promise.

7. In a state of shock, I initially declined the offer. I however, impliedly accepted the

offer by collecting the lawyer’s card and actually contacting him.

8. The deceased, Chief Damilare John-Simon as a show of love and acceptance also

gave me the key to his Bentley and a ring which the men in their family wear and

afterwards, said he was going to sleep. The Claimant shall rely on these at trial.

9. I then returned to my wife, Anike at the reception venue to continue with the party

and after we had left the venue, I told my wife, Anike about everything that

happened between myself and her dad, the deceased and she told me that we will

talk better on it the next day.

10. The Claimant therefore claims against the defendant as follows:

(a) A DECLARATION that there is a valid contract between Mr Charles Kurukuru, the

Claimant and Chief Damilare John-Simon, the deceased, to transfer 200 million naira

worth of shares from Chief Damilare John-Simon, the deceased to Mr Charles

Kurukuru, the claimant.

 (b) A DECLARATION that the deceased, Chief Damilare John-Simon to transfer of 200

million Naira worth of shares from Chief Damilare John-Simon, the deceased to Mr

Charles Kurukuru, the claimant is valid.

(c) AN ORDER OF PERPETUAL INJUNCTION restraining the

Administrators/Executors of the estate of Chief Damilare John-Simon, from interfering

with the execution of the afore mentioned contract between Mr Charles Kurukuru, the

Claimant and Chief Damilare John-Simon, the deceased.

11. I urge my lords to grant the following reliefs.

12. I depose to this witness statement on oath in good faith believing the content to be

true and in accordance with the Oath Law.

______________

DEPONENT

Sworn to at the LSS High Court

Registry, Ado-Ekiti

This ___________ day of ______________ 2024

BEFORE ME

__________________________

COMMISSIONER FOR OATHS

 IN THE LSS HIGH COURT OF JUSTICE

IN THE ADO-EKITI JUDICIAL DIVISION

HOLDEN AT ADO-EKITI

BETWEEN SUIT NO. 12/HC/LSS/AD

MR. CHARLES KURUKURU CLAIMANT

AND

THE ADMINISTRATORS/EXECUTORS OF

THE ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

WRITTEN STATEMENT ON OATH

I, Mrs. Anike John-Simon Kurukuru, Adult, Female, Nigerian, Christian, of Plot No. 1 of

Ogaga Estate, GRA, Ado-Ekiti, Ekiti State, do hereby make oath and state as follows THAT:

1. I am the wife of the Claimant in this case.

2. The Defendant is The Administrators/Executors of the Estate of Chief Damilare

John-Simon of No 419, Broderick Estate.

3. The Claimant is a Nigerian Citizen, Civil Servant and resident at Plot No. 1, Ogaga

Estate, GRA, Ado Ekiti, Ekiti State, Nigeria.

4. I have been in a relationship with the claimant for over 3 years and throughout the

period of our relationship, my parents have not been in support of the relationship

because of the claimant’s poor background.

5. On the 4th of October, 2023, Charles, the claimant asked me to marry him and I

gladly accepted. Following our engagement, we convinced my parents to approve

our union.

6. As the only child of my parents, my late father had always loved me deeply and

after much convincing, he approved of the union and my mother grudgingly

followed suit.

7. On the 10th of February, 2024, prior to I and the claimant’s wedding, my late father

had a discussion with me in which he informed me of his decision to transfer his

personal shares in Pluto bank to Charles, the claimant, if Charles promises to take

good care of me and our future children.

8. On the 15th of February, 2024, my late father and I went to Pluto bank to meet the

lawyer and company secretary of Pluto bank, Mr Amos Edos Osamudiame. He

requested a share transfer form to transfer his personal shares in Pluto Bank to the

claimant. The Company Secretary gave my late father a share transfer form which

he filled and he left some parts blank for Charles, the claimant to fill at a later date.

9. Although I was extremely excited by my father’s decision, I did not inform the

claimant, Charles because my father had told me not to tell him because he was

going to have a discussion with the claimant to reach an agreement with him before

telling him to meet with Mr Amos Edos Osamudiame, the company secretary to

finalise the transaction.

10. During our wedding reception, I saw my husband, the claimant, and my late father

leaving the reception venue together.

 11. After we left the venue, my husband, the claimant, informed me of the conversation

he had with my late father in which he offered to transfer shares worth 200 million

Naira to the claimant and the claimant accepted the offer.

12. My husband, the claimant showed me the card of the lawyer whom my late father

instructed him to meet in order to finalise the transaction. The claimant also showed

me my late father’s family ring and the keys of the Bentley which my father gifted

to him.

13. I told my husband, the claimant, that we will talk better on it the next day.

14. I depose to this witness statement on oath in good faith believing the content to be

true and in accordance with the Oath Law.

______________

DEPONENT

Sworn to at the LSS High Court

Registry, Ado-Ekiti

This ___________ day of ______________ 2023

BEFORE ME

__________________________

COMMISSIONER FOR OATHS

 IN THE LSS HIGH COURT OF JUSTICE

IN THE ADO-EKITI JUDICIAL DIVISION

HOLDEN AT ADO-EKITI

BETWEEN SUIT NO. 12/HC/LSS/AD

MR. CHARLES KURUKURU CLAIMANT

AND

THE ADMINISTRATORS/EXECUTORS OF

THE ESTATE OF CHIEF DAMILARE JOHN-SIMON DEFENDANT

WRITTEN STATEMENT ON OATH

I, Mr. Amos Edos Osamudiame, Adult, Male, Nigerian, Christian, Legal Practitioner,

Company Secretary of Pluto Bank Plc, of No 14. Rockview way, Ado-Ekiti, Ekiti State, do

hereby make oath and state as follows THAT:

1. I am a legal practitioner. I have a call to bar certificate and shall rely on same

during trial.

2. I am also the Company Secretary of Pluto Bank Plc. I have a letter of

appointment and shall rely on same during the trial.

3. I knew late Chief Damilare John-Simon as a shareholder of Pluto Bank Plc.

4. On the 31st of January, 2024, during Pluto Bank Plc’s Annual general meeting,

Chief Damilare John-Simon expressed his desire to transfer his shares.

5. In accordance with the memorandum and article of association of Pluto Bank

Plc, Chief Damilare John-Simon offered his shares to the other shareholders of

Pluto Bank. None of the shareholders accepted the offer.

6. Subsequently, Chief Damilare John- Simon informed the shareholders that he

would transfer the shares to the claimant, Mr. Charles Kurukuru and they all

voted on it. A simple majority of the shareholders voted in favour of the transfer

of shares to the claimant.

7. On the 15th of February 2024, Chief Damilare John-Simon and his daughter, then

Anike John-Simon had a meeting with me at Pluto Bank in which he requested a

share transfer form in order to transfer his shares to the claimant, Mr. Charles

Kurukuru.

8. I gave Chief Damilare John-Simon a share transfer form, which he filled and left

some parts blank for the claimant, Mr. Charles Kurukuru to fill.

9. Chief Damilare John-Simon informed me that the claimant will meet with me on

a later date at the bank, to fill the remaining part after he has had a discussion

and reached a certain agreement with the claimant.

10.On the 26th of February, 2024, the Claimant met with me at Pluto Bank and filled

the remaining part of the share transfer form to finalise the agreement.

11.The following day, the administrators and executors of the estate of Chief

Damilare John-Simon met with me to inform me of the devastating demise of

 Chief Damilare John-Simon and inquire about Chief Damilare John-Simon’s

Shares at Pluto Bank.

12. I informed them that Chief Damilare John-Simon had transferred his shares to

the claimant, Mr. Charles Kurukuru.

13. The administrators/executors of the estate of Chief Damilare John-Simon were

furious at the news and accused me of lying and conniving with the claimant to

steal the shares of late Chief Damilare John-Simon.

14. The administrators/executors of the estate of Chief Damilare John-Simon

insisted that the transaction was invalid, as such, they were going to prevent the

shares from being transferred.

15. I depose to this witness statement on oath in good faith believing the content to

be true and in accordance with the Oath Law.

______________

DEPONENT

Sworn to at the LSS High Court

Registry, Ado-Ekiti

This ___________ day of ______________ 2023

BEFORE ME

__________________________

COMMISSIONER FOR OATHS