MOTION EX-PARTE
PURSUANT TO ORDER 28 RULE 2 OF THE FEDERAL HIGH COURT
(CIVIL PROCEDURE RULES 2009)
TAKE NOTICE that this Honourable Court will be moved as a matter of exceptional urgency on the 20th day of October 2010 at the hour of 9 o’clock in the forenoon or soon thereafter praying this Honourable Court for the following Orders
An order of prohibitory [quia timet] injunction restraining
1. the Third Defendants by themselves their servants principals workmen agents representatives from disposing destroying damaging selling or auctioning the items of personal property belongings of the Plaintiffs identified in the body of the originating summons herein and agents or otherwise
And for such further order and other Orders as this Honourable Court may deem fit to make in the circumstance of this case
DATED this 19th day of October 2010 ANDRE JOHN-SALAKOV
AFFIDAVIT IN SUPPORT OF MOTION EX-PARTE
I, ANDRE JOHN-SALAKOV, Male, Plaintiff and a citizen of the United Kingdom of Great Britain and Northern Ireland, of no fixed abode in the Federation of Nigeria, MAKE Oath and say as follows:
1. That on the 24th day of September 2010, an Officer of the Federal High Court served the originating summons together with the order of Judge Kolawole on the Defendants, at the Royal Netherlands Embassy, in Abuja.
2. That at the time of swearing this Affidavit the said Third Defendants or any of their number, have not entered an Appearance nor shown any interest in defending the lawsuit
3. That the said Third Defendants electronically informed me of their determination to destroy on or around the 25th day of October 2010 all the items of property belonging to the Plaintiffs unlawfully seized from the Plaintiffs’ premises, situated at Tattistraat 91, 34066 CE, Rotterdam, Netherlands. Attached hereto and marked AJS1, is a copy of the electronically mail sent to me
4. That by threatening to destroy the Plaintiffs’ property on the 25th day of October 2010, the Third Defendants have shown total contempt for the courts in the Federation of Nigeria
5. That in light of the content of the electronic mail from the Third Defendants, there is no guarantee that the Second, Fourth and Sixth Defendants would respect the judgment of the Federal High Court when the time comes
6. That it is proper and right to grant a prohibitory (quia timet) injunction, to protect the integrity of the Nigerian Judiciary and status of the courts in the Federation.
7. That none of the Six Defendants will be prejudiced in any way if this injunction is granted.
8. That discretion being an essential ingredient in injunctive relief related applications, it will be in the interest of justice, if the court exercises its discretion in favour of the Plaintiffs
9. That I make this oath in good faith and in accordance with the Oaths Act 2004 D E P O N E N T
ANDRE JOHN-SALAKOV
Sworn TO AT THE Federal High Court
Registry, Abuja
This 19th day October 2010
WRITTEN ADDRESS IN SUPORT OF MOTION EX-PARTE
1. The determination on the part of the Third Defendants to destroy the property of the Plaintiffs following service of the originating summons and Judge Kolawole’s order, on them goes to show the extent of the disrespect and contempt shown by the First, Third, Fourth and Sixth Defendants, in relation to courts in Nigeria
DATED this 19th day of October 2010
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