(1970) JELR 45916 (SC)    

Supreme Court  ·  SC.206/1969 ·  29 Oct 1970 ·  Nigeria
ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned chief justice
marriage act
1st appellant
contempt of the court
guineas costs
learned chief justice of the high court
notice of withdrawal
western state court of appeal
appeal of the caveatrix
chief justice
chief justice of the high court
civil procedure rules
court of appeal western state
grounds of appeal
grounds of the caveat
high court
high court of the western state
improper conduct
issue of a certificate
learned chief justice western state
marriage notice book
next hearing
notice of marriage
order of the high court
present case
present state of health
previous marriage
proper order
proposed marriage
real reason
such judge
such marriage notice book
sufficient grounds
summary way
western state

ADEMOLA, C.J.N. (Delivering the Leading Judgment): The respondent in this appeal was the caveatrix in a matrimonial proceeding before the High Court of the Western State holden at Ibadan. She filed a caveat against the notice of marriage between the 1st appellant and the 2nd appellant on the ground that the 1st appellant had married her in accordance with the Customary law and that she was expecting a baby by him, and under section 47 of the Marriage Act it would be illegal for him to get married to the 2nd appellant under the Marriage Act.

For convenience, the respondent in this appeal will be hereinafter referred to as the caveatrix, the appellants who were the original respondents in the matter will be referred to as the respondents.

The learned Chief Justice Western State who heard the matter, on 22nd April, 1968 ordered that the caveatrix should on or before 26th April, 1968 file an affidavit setting out all the facts she was relying upon to prevent the marriage. At the same time…

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