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…

IMOH V. IMOH

IMOH
V.
IMOH