Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 38892 (CA)    

Court of Appeal  ·  CA/E/147/2014 ·  8 Jun 2018 ·  Nigeria
TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
federal high court
fundamental rights
constitution of the federal republic of nigeria
matrimonial causes
matrimonial home
13th august
customary marriages
dignity of her person
chapter iv of the constitution of the federal republic
provisions of sections
african charter
breach of her fundamental rights
learned trial judge
provisions of section
applicants suit
case of the appellant
declaratory reliefs
igele general enterprises ltd
infringement of her fundamental rights
lower court
room apartment
suit no. fhc
basis of the applicants application
counter affidavit
dignity of her human person
enforcement procedure rules
entire case of the appellant
extended family
family members
high courts
honorable justice m. i. abubakar
human rights
infringement of fundamental right
judgment of the federal high court
leading judgment
respect of marriages
rita n. pemu
subject matter
subsequent ejecting of her personal effects
such further order
tom s. yakubu
universal declaration
violations of her rights

RITA N. PEMU (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Federal High Court, holden at Awka, and presided over by Honorable Justice M. I. Abubakar, delivered on the 20th of November, 2013 in Suit No. FHC/AWK/CS/94/2013.


The Appellant was the applicant in the Court below, in an application for the enforcement of her fundamental right.

The lower Court had ruled that the applicants Suit fell within matrimonial causes under customary marriages, and was outside the provisions of Sections 251 of the Constitution of the Federal Republic of Nigeria 1999, which confers jurisdiction on the Federal High Court.

It is against this decision that this appeal emanates.

The Applicant (Appellant in the present appeal) alleged that on the 1st of August 2013, she was prevented from entering her one room apartment in the family house of late Prince DKC Nweke, who was her husband. She was also prevented from participating with her children, parents, and other …

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