ADEGOROYE
V.
ADEGOROYE

(1995) JELR 80242 (SC)    
Supreme Court  ·  CA/B/145M/94 ·  12 Dec 1995 ·  Nigeria
 · 
Other Citations
(1996) 2 NWLR (Pt. 433) 712
CORAM
JUSTIN THOMPSON AKPABIO, J.C.A. (Presided and Read the Leading Judgment) SUNDAY AKINOLA AKINTAN, J.C.A. ATINUKE IGE, J.C.A.
Core Terms Beta
appellant
learned trial judge
appeal
matrimonial causes act
benin city
ground of appeal
high court
basic rule
benin high court
counter-affidavit
divorce proceedings
edo state high court
facts of this case
high court of justice
learned counsel
legal arguments
matrimonial causes rules
trial court
above averments
application of the applicant
briefs of arguments
divorce petition
elderly woman
end of the exercise
financial hardship
following orders of that court
following rules
high court of lagos
inherent jurisdiction of the court
lagos state
lagos state of nigeria
leading judgment
main legal argument of the respondent
main reasons
only ground of appeal
order of this honourable court
paragraph affidavit
present respondent
said application
simple reason
state boundaries
suit no. b
support of the motion
supreme court
totality of the evidence
totality of the foregoing
transfer of this divorce suit
view of the foregoing considerations
wrongful exercise of judicial discretion

AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal from an interlocutory ruling of Idahosa, J. of Edo State High Court sitting at Benin City in Suit No. B/l 91/94., delivered on 1 st day of August, 1994, wherein he refused and struck out with no orders as to costs the application of the applicant for a transfer of this divorce suit from Benin City to Lagos, for hearing and determination there.

The facts of this case are that the present respondent had filed a divorce Petition against his wife (who is now the appellant) at the Benin High Court claiming dissolution of their marriage together with other ancilliary reliefs. After pleadings had been filed, the wife who will hereinafter be referred to as the appellant filed an application at the High Court in Benin, pursuant to Order 111 Part 2 rule 4 of Matrimonial Causes Rules, 1988, Section 9 of the Matrimonial Causes Act, 1970 and under the inherent jurisdiction of the Court for the following orders of that court:-

"(a)A…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login