(1971) JELR 45979 (SC)    

Supreme Court  ·  SC.144/1969 ·  28 May 1971 ·  Nigeria
Other Citations
(1971) All N.L.R 213
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
lagos university teaching hospital
19th august
ikpoba house
grounds of appeal
income of the husband
inter alia
third of the joint income
youngest child
above quoted authorities
assessment of the appellant
basis of respondent
basis of the assets of the respondent
benin high court
breach of contract
court of the following reliefs
date of commencement
divorce 10th edition page
end of the case
first ground counsel
following orders
further order
income of the applicant
infant children of the marriage
leading judgment
learned judge
lower court
luth authorities
maintenance of the youngest child
oral evidence
orders of payment of arrears
originating summons suit m
portion of the judgment of the learned trial judge
respondent committed adultery
said sum
salary of the applicant
school fees
such payments
sufficient evidence
trial judge
value of a building
value of his house
western state

SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In the originating summons suit M/3/66 filed by the applicant on 19th August, 1966, at the Benin High Court of the Mid-Western State, she prayed the court of the following reliefs:

(i) 100 monthly for her maintenance including rents from 1st October, 1965.

(ii) Maintenance (school fees, clothing and other necessaries) of the three infant children of the marriage as may be just.

(iii) That the respondent be ordered to pay to the Lagos University Teaching Hospital the sum of 370 due on the

hire-purchase of her car No. LH 3173.

(iv) and that he is further ordered to secure such payments.

The learned trial judge after considering the affidavits filed by the parties, and the oral evidence called by them found that the respondent had willfully neglected to maintain the applicant and the three children of the marriage on the basis of respondent's acts of adultery and cruelty; having held that the respondent committed adultery with at leas…

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