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How to testify as Plaintiff Attorney

 

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Counsel steps into the witness box and take oath or affirm.., I, MC Ngwu esq..do solemly swear, that the evidence i shall give in this suit shall be the truth, the whole truth and nothing but the truth. So help me God!

Your worship, my name is Michael Chijioke Ngwu esq. I live at No. 3 Old Enugu Road Kpirikpiri Abakaliki Ebonyi State. I am a legal practitioner with St.Sen Solicitors of No: 8 Old Enugu Road, Abakaliki Ebonyi State.

Your worship, I know the parties in this suit. The Plaintiff is the Owner of the 3 storey building located at no 4 ogoja Road Abakaliki.

Your worship, on the 10th day of july 2021, the Plaintiff approached me to manage the said building. He donated a power of attorney to me.The said power of Attorney is dated 10th july 2021 and I humbly apply to tender same in evidence as exhibit

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(court admit the said Power of Attorney)

I also apply to substitute the original with a photocopy for subsequent use.

Your worship, I also know the Defendant in this suit. He occupies 3 bedroom flats at the said Plaintiff’s building as a yearly tenant. The Defendant was let into possession on the 1st day of January 2021. He paid ₦10,000 per month at the annual rental value of ₦120,000.

The Defendant’s tenancy was determined by notice to quit which i issued to the tenant on the 30th day of June 2022. The said notice was served by the bailiff of this court and i acted as a pointer.

At the expiration of the said notice to quit, the Defendant was neither moved nor perturbed to deliver up possession.

See also  Contempt of Court under Nigerian law

Consequently, i caused to be served on him, the Notice of Owners Intention to apply to Court to recover possession. The said notice was equally served on the Defendant by the bailiff of this court and i acted as a pointer.

At the expiration of the said statutory notice, the Defendant refused to deliver up possession. Consequently,

The Plaintiff has filed his claim before this Honourable Court and prays the court for the following reliefs:

a. An immediate Delivery of possession of the said premises.
b. An arreas of rent at the rate of ₦10,000 for the month of January 2022 to month of June 2022.
c. Mesne profit at the rate of ₦10,000 from the month of July 2022 until possession is given

Your worship, this is my evidence in Chief.

WHAT HAPPENS NEXT?

At this point, if the suit is not defended, Plaintiff Attorney prays to be discharged from the witness box.

Counsel to court(sample): I pray to be discharged from the witness box.

But where the suit is defended by the Tenant(Defendant), court will call for Cross-examination. Plaintiff Attorney will be cross-examined by the Defendant or his counsel before the plaintiff Attorney will be discharged.

Again, where the suit is defended, plaintiff Attorney may tender documents while giving evidence. If the admissibility of the document tendered is objected to, counsel will pray for leave of court to step out of the witness box and join issues with the Defendant.

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