Ratio DecidendiRatio DecidendiRatio Decidendi



OMON & ORS
V.
OMON

(2003) JELR 44407 (CA)    

Court of Appeal  ·  CA/C/78/2001 ·  10 Apr 2003 ·  Nigeria
 · 
Other Citations
Omon v. Omon [2004] 13 NWLR (Pt.889) 45
CORAM
RAPHAEL OLUFEMI ROWLAND JCA SIMEON OSUJI EKPE JCA ISTIFANUS THOMAS JCA

Ratio Decidendi

Core Terms Beta
plaintiff
court
proceedings
appellants
order
1st defendant
respondent
learned trial judge
motion ex parte
civil procedure
defendants
writ of summons
brief of argument
invitation card
lower court
traditional marriage
cause of action
form of marriage
high court rules
marriage certificate
married woman
sacred heart cathedral
suit no. hc
trial court
17th-31st of march
1st appellant
3rd defendants
4th defendants
calabar division of the high court of cross rivers state
case of urgency
cost of this application
cross river state
earlier marriage
exhibits a-a1
ex parte
facts of this case
honourable court
lengthy arguments
new status
order of interim injunction
order of this court
pending application ex parte
prima facie case
process of change of name
rules of court
ruling of effiong
said certificate of marriage
said chronicle newspaper
such further order
support of the motion ex parte

SIMEON OSUJI EKPE, J.CA. (Delivering the Leading Judgment): This is an appeal against the ruling of Effiong, J. delivered on 30/3/2001 at the Calabar Division of the High Court of Cross Rivers State in suit No. HC/MSC.52/2001.

The respondent herein as plaintiff in the court below initiated the proceedings against the defendants, now appellants leading to this appeal by motion ex parte filed on 19/3/2001, and prayed that court for the following:

"1. An order restraining the 1st and 4th defendants from attempting to contract any form of marriage whether customary or English whilst the marriage between the plaintiff and the 1st defendant still subsists.

2. An order of interim injunction restraining the 2nd and 3rd defendants from arranging for any form of marriage between the 1st defendant and the 4th defendant or any other person without first of all, dissolving the earlier marriage between the plaintiff and the 1st defendant.

3. And for such further order(s) as this honourable court …

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