(1974) JELR 46181 (SC)    

Supreme Court  ·  SC.154/1973 ·  21 Feb 1974 ·  Nigeria
Other Citations
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
Core Terms Beta
high court
matrimonial causes decree
supreme court
east central state of nigeria
grounds of appeal
high court of any territory
high court of the illegal regime
honourable court
matrimonial causes
mr. nwobosi
present appeal
amended petition
cognizance of such petition
context of the laws of nigeria
dissolution of marriage
entire proceedings
following grounds
ground of cruelty
high court of biafra
high court of east central state
high court of the republic of biafra
husband respondent
judgment of egbuna
judgment of egbuna j.
judgment of the onitsha high court
judicial separation
lawful authority
leading judgment
learned counsel
leave of the court
matrimonial causes rules
mr. obi-okoye
notice of preliminary objection
practical purposes
previous decision
purported amendments
subsequent petition
supreme court rules
verifying affidavit
virtue of decree no.

ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal from the judgment of Egbuna, J., in the High Court at Onitsha in which he granted the wife, petitioner, against her husband respondent her prayers for dissolution of marriage, custody of the only child of the marriage and maintenance for both herself and the child. The case originated in the so called "High Court of the Republic of Biafra" to which the wife presented a petition dated June 15, 1967 in consequence of which the court on September 18, 1967 granted an alimony of 320 per month pending the hearing of the suit; the court also made the payment retrospective and affective from June 16, 1967. The respondent, however, defaulted after making two payments to the petitioner and the Judge on December 8, 1969, purported to adjourn the subsequent petition complaining about the failure to pay the alimony till January 29 and 30, 1970. The Civil War, however, ended on or about January 15, 1970, thereby leaving the proceedi…

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