Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2011) JELR 45806 (CA)    

Court of Appeal  ·  CA/I/175/05 ·  1 Mar 2011 ·  Nigeria
STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
trial court
trial judge
venereal disease
ancillary orders
provision of section
ancillary order
immoral behaviors of the respondent
judicial consideration
learned trial judge
part iv of the mca
piece of evidence
principal relief
totality of the findings of the learned trial judge
background facts
complaint of the appellant
conducts of the parties
court of appeal rules
custody of the children of the parties
different times
dismissal of the claims
effect of section
following areas
grant of maintenance
honourable trial court judge
judgment of dipeolu j. of the high court
last paragraph
leading judgment
learned counsel
main issue
medical doctor
monthly maintenance
notice of appeal
ogun state
old marriage
paragraphs c-d page
proper legislative intention
relevant provisions of matrimonial causes ad
respect of his first issue
respect of the issue no.
second amended petition
such orders
very beginning of the marriage
whole judgment

SIDI DAUDA BAGE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Dipeolu J. of the High Court of Justice, Ogun state holden at Ijebu-Ode in the Ijebu-Ode judicial Division, delivered on the 9th day of February, 2005 in which the Appellant was the petitioner. The Notice of Appeal which was undated, signed by the Appellants solicitor Kolawole F.O. Loy Esq., but filed on the 25/3/08, contained nine (9) grounds of Appeal.

The background facts are that the petitioner who is the appellant in this appeal filed a petition for dissolution of a 19 years old marriage with the Respondent. The marriage is blessed with four children. Three Males, one Female. By his second Amended petition, the complaint of the appellant was that the Respondent has been very immoral, unruly and carefree from the very beginning of the marriage. She had beaten his mother for about four different times. She did not perform her duty at home but instead indulged herself in Frolic missions…

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