Ratio DecidendiRatio Decidendi


(1969) JELR 60041    

S.C. 190/68 ·  12 Dec 1969 ·  Nigeria

Ratio Decidendi

Core Terms Beta
matrimonial home
learned trial judge
custody of the children of the marriage
11th may
27th july
sexual intercourse
1st april
3rd october
charge of cruelty
circumstances of the case
custody of the children
severe beating
suit no. hd
witness box
absence of his counsel
allegations of adultery
circumstantial evidence of adultery
details of the evidence of the respondent
dissolution of their marriage
evidence of the respondent
first time
following observation of hodson
good care
grant custody
grounds of adultery
guineas costs
high court of lagos
late nights
main complaints
matrimonial causes act
matter of practice
mere temporary physical separation of the spouses
only matter
order of the dissolution of the marriage
particular incident
respondent praying
respondent severe bodily harm
sister titilola olawoye
such proceedings
supporting affidavit
support of her allegation of cruelty
trial court
trial judge
wives of the parties

FATAYI-WILLIAMS, J.S.C.: In Suit No. HD/41/66 filed in the High Court of Lagos, the petitioner (now appellant) filed a petition against the respondent praying for the dissolution of their marriage on the grounds of adultery, desertion and cruelty. He also prayed that he might be granted custody of the children of the marriage. The respondent, in her answer to the petition, denied the allegations of adultery, desertion and cruelty and also cross-petitioned for the dissolution of the marriage but only on the grounds of desertion and cruelty. She also prayed that she might be granted the custody of the children. One Bola Lawal, the person cited as co-respondent by the petitioner filed a memorandum of appearance but filed no answer and took no part in the proceedings.

On 11th May, 1967, the date on which both the petition and the cross-petition were set down for hearing, the petitioner indicated to the Court that he could not go on with his petition in the absence of his counsel who was th…

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