(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
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
learned trial judge
matrimonial causes decree
writ of summons
preliminary objection
2nd defendant
judicial separation
first arm of the claim
return of children
second arm of the claim
customary law
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.


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