IN THE HIGH COURT OF JUSTICE
OYO STATE OF NIGERIA
IN THE IBADAN JUDICIAL DIVISION
HOLDEN AT IBADAN
SUIT NO:
COURT NO:
BETWEEN:
OLABISI KIKELOMO OJEDOKUN ………………. PETITIONER
AND
MR. KOLAPO TOLULOPE OJEDOKUN …… RESPONDENT
MOTION EX PARTE
BROUGHT PURSUANT TO ORDER 10 RULE 5(1) & (2) OF THE
OYO STATE HIGH COURT (CIVIL PROCEDURE) RULES 2022
TAKE NOTICE that this Honourable Court will be moved on the
............ day of ............ 2025 at the hour of 9 O’clock in the
forenoon or so soon thereafter as Counsel may be heard on
behalf of the Petitioner, praying this Honourable Court for the
following order:
1. An order granting leave to the Petitioner to serve all court
processes in this suit on the Respondent by substituted
means, to wit: by pasting same on the door of the Respondent
biological father house situate at Road 5,Eleshimeta ,Oke
Ayo,Apata Ibadan being the last known address of the
Respondenl
2. And for such further or other orders as this Honourable
Court may deem fit to make in the circumstances.
DATED THIS ........... DAY OF ........... 2025
S. A. AJIBADE, ESQ.
Counsel to the Petitioner
Prince Bioye Oloyede SAN & Co
Alarere Layout, Old Ife Road, Ibadan.
07062927810
FOR SERVICE
ON THE RESPONDENT
Road 5,
Eleshimeta ,
Oke Ayo,Apata
Ibadan
IN THE HIGH COURT OF JUSTICE
OYO STATE OF NIGERIA
IN THE IBADAN JUDICIAL DIVISION
HOLDEN AT IBADAN
SUIT NO:
COURT NO:
BETWEEN:
OLABISI KIKELOMO OJEDOKUN ………………. PETITIONER
AND
MR. KOLAPO TOLULOPE OJEDOKUN …… RESPONDENT
AFFIDAVIT IN SUPPORT OF MOTION EX PARTE
I, OLABISI KIKELOMO OJEDOKUN, adult, female, Christian,
Nigerian citizen, and resident of ..............., do hereby make
oath and state as follows:
1. That I am the Petitioner in this suit and therefore
competent to depose to this affidavit.
2. That I instituted this petition against the Respondent, MR.
KOLAPO TOLULOPE OJEDOKUN, seeking dissolution of our
marriage.
3. That all efforts to serve the Respondent with the originating
processes personally have proved abortive.
4. That the reason for the inability to effect personal service is
that the Respondent's whereabouts is currently unknown to
me.
5.That if the pasting is done at the Respondent biological
father house, the Respondent would be notify
6. That the last known address of the Respondent to the best
of my knowledge is his biological father’s house situate at
Road 5,Eleshimeta ,Oke Ayo,Apata Ibadan
7. That I believe the Respondent frequently visits or receives
messages at the said address.
8. That it is in the interest of justice for this Honourable Court
to grant this application and order that service be effected by
substituted means.
9. That granting this order will not prejudice the Respondent
in any way.
10. That I make this affidavit in good faith, believing the same
to be true and correct, and in accordance with the Oaths Laws
of Oyo State
DEPONENT
SWORN TO at the Registry of this Honourable Court
This ........ day of ......... ...............2025.
BEFORE ME:
COMMISSIONER FOR OATHS
IN THE HIGH COURT OF JUSTICE
OYO STATE OF NIGERIA
IN THE IBADAN JUDICIAL DIVISION
HOLDEN AT IBADAN
SUIT NO:
COURT NO:
BETWEEN:
OLABISI KIKELOMO OJEDOKUN ………………. PETITIONER
AND
MR. KOLAPO TOLULOPE OJEDOKUN …… RESPONDENT
WRITTEN ADDRESS IN SUPPORT OF THE APPLICATION
1.0. INTRODUCTION
This is a Motion on Notice brought pursuant to Order 10 Rule
5(1) & (2) of the Oyo State High Court (Civil Procedure) Rules
2022, praying this Honourable Court for an order granting
leave to the Petitioner to serve all court processes in this suit
on the Respondent by substituted means.
2.0. ISSUE FOR DETERMINATION
The sole issue for determination by this Honourable Court is:
“Whether, in view of the inability to serve the Respondent
personally, the Petitioner has made a sufficient case for an
order of substituted service.”
3.0. ARGUMENTS ON THE ISSUE
3.1. It is trite law that personal service is the primary mode of
service of court processes. However, where personal service is
impracticable, the court has the discretion to order
substituted service. See the case of Mark v. Eke (2004) 5
NWLR (Pt. 865) 54 where the Supreme Court held that
substituted service is appropriate where personal service
cannot be effected.
3.2. The Petitioner has shown sufficient evidence that the
Respondent's whereabouts are unknown. In paragraph 4 of
the Affidavit in Support, the Petitioner deposed that all efforts
to serve the Respondent personally have failed. This justifies
the need for substituted service.
3.3. The proposed mode of substituted service is the most
effective in the circumstances. The last known address of the
Respondent is his biological father’s house. The courts have
held that substituted service must be ordered in a manner
that is reasonably likely to bring the processes to the notice of
the party to be served. See Kida v. Ogunmola (2006) 13 NWLR
(Pt. 997) 377.
3.4. Granting this application will not prejudice the
Respondent. The essence of service is to ensure that a party is
aware of the pending action against him. By pasting the
processes at his last known address, the likelihood of the
Respondent being notified of the pending suit is high.
CONCLUSION
In light of the foregoing, we respectfully urge this Honourable
Court to grant this application in the interest of justice.
LIST OF AUTHORITIES
1.Mark v. Eke (2004) 5 NWLR (Pt. 865) 54
2. served. See Kida v. Ogunmola (2006) 13 NWLR (Pt. 997) 377.
DATED THIS .......... DAY OF .......... 2025
S. A. AJIBADE, ESQ.
Counsel to the Petitioner
Prince Bioye Oloyede SAN & Co
Alarere Layout, Old Ife Road, Ibadan.
07062927810
