Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



IMOH
V.
IMOH

(2021) JELR 108770 (CA)    

Court of Appeal  ·  8 Jan 2021 ·  Nigeria
CORAM
Joseph Shagbaor Ikyegh, JCA Balkisu Bello Aliyu, JCA Ebiowei Tobi, JCA

Ratio Decidendi

Core Terms Beta
court
verifying affidavit
lower court
rule
case
personal knowledge
fact
trial court
learned counsel
learned trial judge
respondent’s petition
failure of the respondent
service of the petition
appellant’s notice
correct decision
final issue
original address of the appellant
provisions of order v
starting point
use of the word
above question
amendment of the address of the respondent
attached verifying affidavit
change of the address of the appellant
ends of justice
facts of any given case
following issues
good conscience hold
grounds of the objection
hearing of the motion
important considerations
interpretation of order v
lagos state high court
leading judgment
legal position
matrimonial causes rule
objection of the respondent
order of the court
preliminary objection of the appellant
present case
provision of the law
provisions of order
recent decision
respondent’s counsel amendment
said affidavit
see a.g. anambra state v
support of the petition
view of this court
week of receipt of such petition

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice E. O. William-Dawodu (Mrs) formerly of the Lagos State High Court wherein the Preliminary Objection of the Appellant (Respondent in the lower Court) was dismissed. The objection of the Respondent was basically on the premise that the lower Court lacked jurisdiction as the Petition was not commenced in line with the provisions of Order v. Rule 10 of the Matrimonial Causes Rule. The lower Court dismissed the 6 grounds of the objection and held on page 60 of the record thus:

“….In this regard, the Court therefore as aforesaid is able to allow the hearing of the motion in order for the non-compliance to be taken care of within the provisions of Order XXI R. 2 of the Matrimonial Causes Rules.

In the result, I hereby over rule the objection and set the motion down for hearing.”

The Respondent at the lower Court dissatisfied with the ruling filed this appeal and as such became the Appell…

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