lN THE HlGH COURT OF LAGOS STATE

lN THE lKEJA JUDlClAL DlVlSlON

HOLDEN AT lKEJA
SUlT NO-HC/LAG/032/2006
BETWEEN
JACOB
MOSES..PLAl
NTlFF/CLAlMANT
AND
SWEEET AND SMART AlRLlNES LTD--------------------------DEFENDANTS
COUNTER AFFlDAVlT lN OPPOSlTlON TO MOTlON ON NOTlCE
l Manaba Daniel, male, Christian, of full age, principal counsel of Manaba
Associates, a Nigerian of No. l lkeja Road, Lagos do hereby make an oath
and state as follows;
(l) That l am the Legal Practitioner of the respondent.
(2) That l am executing this counter affidavit as a reply to the affidavit in
support of the motion on notice by the defendant/applicant.
(3) That l have authority of the Plaintiff/Respondent to depose to this affidavit.
(4) That l have read the affidavit of the Defendant/Applicant in support of the
motion on notice dated l5
th
day of May, 20l4 for dismissing the suit on the
ground that the suit is statute barred.
(5) That my client after coming back from South Africa for his medical
treatment contacted sweet & Smart Airline Ltd due to the protest letter he
left with them.
(6) That since then, different negotiations without prejudice has been going on
between my client and the management of SSA Ltd as well as myself.
(7) That the negotiations took up to seven (7) years without any positive result.
(8) That due to this, my client decided to institute an action in this honourable
court.
(9) That the reason set out in paragraph three (3) of the defendant's claim is
immaterial for the purpose of applicability in this case due to the fact that in
a cause of action where negotiations are made without prejudice, time
begins to run only when the negotiations has failed.
(l0) That l deposed to this affidavit believing the content to be true and correct
and in accordance with the Oath Act l990.
.
Deponent
Sworn to at the High Court Registry, Lagos state.
This day of ., 20..
Before me:

Commissioner for Oath