Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2001) JELR 44260 (SC)    

Supreme Court  ·  SC.169/96 ·  28 Sep 2001 ·  Nigeria
Other Citations
Menakaya v. Menakaya (2001) 16 NWLR (Pt.738) 203 (2001) 9 - 10 S.C 1
Menakaya v. Menakaya (2001) 16 NWLR (Pt. 738) 203
MICHAEL EKUNDAYO OGUNDARE 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 SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
open court
children of the marriage
matrimonial causes act
matrimonial home
ann okwuchukwu menakaya
ononiba j.
chief magistrate
niki tobi
counter proposals
court of appeal
lump sum
marriage registry
civil procedure
custody of the children of the marriage
dr. timothy ndubisi menakaya
following issues
following orders
judge of the high court of anambra state
majority justices
record of appeal
respect of proposal no.4
rules of court make provision
suit no.
application of the rule of estoppel
decree of dissolution of his marriage
domestic responsibilities of a wife
dr. chief ejike vme
dr. timothy menakaya
following correspondence of proposals
following particulars
high court of anambra state
hon justice c. olike
hon. justice c. olike
leading judgment
legality of the whole proceedings
nephew p.o. balonwu san
oral submissions of counsel
respect of the quantum of other heads
said 1st january
specific rule of court
split decision of the court of appeal
such rule of court
whole proceedings

MOHAMMED, JSC (Delivering the Leading Judgment): This appeal came up for hearing on Tuesday the 3rd of July, 2001. After reading the briefs of argument and hearing the oral submissions of counsel this court unanimously allowed the appeal and dismissed the cross-appeal filed by the petitioner. This court, thereafter ordered that the petition and cross-petition be reheard de novo before another judge of the High Court of Anambra State. I then reserved my reasons for the judgment till today. I now give my reasons.

The petitioner, Dr. Timothy Ndubisi Menakaya was lawfully married to the respondent, Ann Okwuchukwu Menakaya on 21st July, 1979 at the Marriage Registry, Barnet, London, England. The couple cohabited at Barnet, London, England and Onitsha. There are three children of the marriage, Chinyelu Uchechukwu, born in June 1980, Chinedu Obiora, born in January, 1982 and Obianuju Ifeoma born in October, 1983.

On the 15th of January, 1993 Dr. Timothy Menakaya, hereinafter referred to as …

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