ASSET MANAGEMENT GROUP LIMITED V. GENESISCORP LIMITED & ORS

G.A. OGUNTADE, J.C.A (Delivering the Leading Judgment): The appellant as Plaintiff before the Lagos High Court issued a specially indorsed writ of summons pursuant to order 3 rules 4 and 9 of the Lagos State Civil Procedure Rules claiming from the 1st and 2nd Respondents (as 1st and 2nd Defendants) the sum of N500,000 being credit facilities granted by the Plaintiff to the 1st Defendant. Interest and penalty were also claimed on the principal sum. In compliance with the rules, a Statement of Claim was filed along with the writ of summons.

The Plaintiff thereafter brought a motion exparte praying for an order:

"Removing into the custody of this Honourable Court the Peugeot 503 Saloon Car with Registration No. LA 1000R; the Volkswagen Jetta Saloon Car with Registration No. LA 556R and the Volkswagen Jetta Saloon Car with Registration No. LA 557R property of the 1st defendant pending the determination of the motion on Notice;

In paragraphs 2(i), 4, 5, 6, 7, and 8 of the affidavit in sup…