Ratio Decidendi



BHOJWANI
V.
BHOJWANI

(1996) JELR 45957 (SC)    

Supreme Court  ·  SC.157/1995 ·  2 Jul 1996 ·  Nigeria
 · 
Other Citations
Bhojwani v. Bhojwani (1996) 6 NWLR (Pt.457) 661
Bhojwani v. Bhojwani (1996) 6 NWLR (Pt. 457) 661
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
nigeria
decree
jsc
english court
petition
petitioner
respondent
england
court
jurisdiction
brother belgore
court of appeal
decision
divorce
trial court
case
dissolution of the marriage
english courts
proceedings
senior advocate
spouses
divorce proceedings
facts
high court of lagos
laws of the federation of nigeria
professor adesanya
best option
best thing
children of the marriage wards of court
clear provisions
common ground
company director
english law
fact of the decision of the english court
family business
high court
independent countries
instant case
issue of jurisdiction
lagos nigeria
leading judgment
little attention
lower courts
possible adjournment
result of the decision of the court
ruling of the trial court
thorough examination
wards of english court
wild goose chase

BELGORE, JSC (Delivering the Leading Judgment): The appellant, a Singaporean, filed a petition for divorce in the High Court of Lagos. Against this petition for the dissolution filed on 6th February 1995. The respondent brought a motion seeking an order that as the appellant was not domiciled in Nigeria the High Court of Lagos or any High Court in Nigeria for that matter had no jurisdiction to hear the petition for the dissolution of the marriage. The marriage between the parties was solemnized in England in accordance with the English Law. The petitioner/appellant was born in Singapore on 27th July 1961. The respondent was born in Lagos Nigeria on 10th May 1963. The petitioner is a company Director in Nigeria and has been directing the family business in Nigeria since 1979. On the motion that there was no jurisdiction to dissolve the marriage in any Court in Nigeria because the petitioner was not domiciled in Nigeria. The trial court ruled it had jurisdiction. Against this ruling the…

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