Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OMOTUNDE
V.
OMOTUNDE

(2000) JELR 43943 (CA)    

Court of Appeal  ·  CA/I/M.57/2000 ·  14 Dec 2000 ·  Nigeria
 · 
Other Citations
Omotunde v. Omotunde (2001) 9 NWLR (Pt.718)525
Omotunde v. Omotunde (2001) 9 NWLR (Pt. 718) 252
CORAM
MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
rulings of the high court of oyo state
issue of domicile of the appellant
order of the court
ruling of the court
learned trial judge
lack of jurisdiction
order of court
domicile of origin
respondent-cross petitioner
decree of dissolution of his marriage
matrimonial causes act
domicile of the petitioner
point of law
learned judge
set aside
leading judgment
oral application
order of decree
lower court
substance of this appeal
rules of court
case of the petitioner
leave of court
view of the admission of the parties
course of proceedings
earlier order of court
essential nature of the petitioner
mr. olatunji sheriff
decision of the supreme court
set ex-debito justitiae
united states of america
said order
cross-petition
hearing of the petition
order of 11th december
parties
adegoke motors ltd. v
inherent power
high court
order of a court
marriage registry of ero
issue covers grounds
suo motu
petitioner
possible event of a higher court

OLUFUNLOLA OYELOLA ADEKEYE, JCA (Delivering the Leading Judgment): The substance of this appeal is the setting aside of the two rulings of the High Court of Oyo State firstly - the ruling of the court delivered on the 14th of July, 1999 - whereby the learned trial Judge refused to set aside the order of the court made on 11th of December, 1998; Secondly the ruling and order of court made on the 11th of December, 1998 which struck out the petitioner's petition for lack of jurisdiction. The petitioner, Dr. Joshua Omotunde now appellant, instituted suit No. 1/27ID/98 at the High Court of Oyo State Ibadan Division by a petition for a decree of dissolution of his marriage to the respondent-cross petitioner - Mrs. Omotunde.

Facts which led to the instant appeal are briefly as follows:- The appellant and respondent were married under the Matrimonial Causes Act at the Marriage Registry of Ero Local Government in Ekiti State on the 22nd of March, 1986. The marriage was blessed with two childr…

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