ODIVE
V.
OBOR & ANOR.

(1974) JELR 46186 (SC)

Supreme Court · SC.290/1973 · 21 Feb 1974 · Nigeria
·

Other Citations

ODIVE v. OBOR & ANOR. (1974) 2 S.C. (REPRINT) 18

CORAM

TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria

Core Terms ^Beta

decree

learned trial judge

claim

action

defendants

plaintiff

counsel

matrimonial causes decree

section

writ of summons

preliminary objection

2nd defendant

appeal

judicial separation

first arm of the claim

marriage

return of children

second arm of the claim

customary law

grounds

loss of the services

onitsha high court

ruling of agbakoba

statement of claim

suit no.

way of petition

aforesaid decree

combined effect of the sections

competence of the court

district court

following terms

foundation of the claim

ground of appeal

important point

laws of nigeria

leading judgment

loss of the services of benedette ebelechukwu odive

loss of the services of regina ukamaka odive

marriage act

means of a writ of summons

mr. egonu

only point

order of the court

plaintiff claims

said decree

second ground of appeal

special provisions

stage of the proceedings

t. o. elias

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal against the ruling of Agbakoba, J., in Suit No. 0/5/1972 given in the Onitsha High Court on June 6, 1973, and in which the learned trial Judge upheld a preliminary objection raised by the counsel for the defendants regarding the competence of the court to hear and determine the claim as laid. In the action, the plaintiff claims against the defendants, a man and a woman, jointly and severally:-

(1) An order of the court compelling the defendants to return to the plaintiff the plaintiff's children, namely, Regina Ukamaka Odive, Benedette Ebelechukwu Odive, John Muoto Odive and Sussanna Chikodili Odive.

(2) 900pounds damages for the loss of the services of the aforesaid four children as specified hereunder:

(i) 400pounds for the loss of the services of Regina Ukamaka Odive.

(ii) 200pounds for the loss of the services of Benedette Ebelechukwu Odive.

(iii) 200pounds for the loss of the services of John Muoto Odive.

(i…

ODIVE V. OBOR & ANOR.

ODIVE
V.
OBOR & ANOR.