This being a matrimonial matter it is not in the interest of justice to award costs in this case, each party should bear his or her own costs.
— M.O. Onalaja, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000
JPoetry » matrimonial » COST NOT AWARDED IN MATRIMONIAL MATTER
This being a matrimonial matter it is not in the interest of justice to award costs in this case, each party should bear his or her own costs.
— M.O. Onalaja, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000
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I hold the firm view the rights to conjugal rights, to continue to be married to an unwilling spouse, and not to separate and call quits to a marriage are not fundamental rights guaranteed under Chapter IV of the Constitution, 1999. The matrimonial causes so called under Section 114 of Matrimonial Causes Act which include dissolution and nullification of marriage, separation and restitution of conjugal rights, though apparently statutory, do not constitute fundamental rights under Chapter IV of the Constitution and for the purpose of FREPR.
— Ejembi Eko, JSC. Nwachukwu v Nwachukwu (2018) – SC.601/2013
It seems to me that given the state of civilization, we have reached in this country today and bearing in mind, the emancipation of the women folks into the sold orbit of financial empire in this country today, it seems to be that the sum, if any, to be awarded for the maintenance of a party to a matrimonial proceeding or even the child or children of the marriage should be determined by among other facts: “(1) the stations in life of the parties and their lifestyles, (2) their respective means, (3) the existence or non-existence of child or children of the marriage, and (4) the conduct of the parties.”
– ADEREMI, J.C.A. Mueller v. Mueller (2005)
The basis of jurisdiction in matrimonial causes under the Matrimonial Causes Act, 1970, is domicile. It is the domicile of a person that confers jurisdiction on the court to entertain his or her petition for dissolution of marriage. Where the domicile of a petitioner is not established the court will lack jurisdiction to decree a dissolution of marriage.
— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000
Finally the basis of jurisdiction in matrimonial cause under the Matrimonial Causes Act, 1970 is domicile. The issue of domicile of the petitioner forms the foundation or pivot of adjudication in the petition. Jurisdiction of court to hear a divorce petition is governed by the domicile of the husband and not by his residence. By operation of law, a married woman on marriage takes on the domicile of her husband. If parties have acquired American Citizenship and have not abandoned same, their domicile of choice remains valid and, subsisting and endures until their Nigerian citizenship which is held in abeyance, and being their domicile of origin is revived. A domicile of choice is a domicile established by physical presence within a state or territory coupled with the intention to make it a home. Omotunde v. Omotunde 2001 9 NWLR pt 718 pg 252, Koku v. Koku 1999 8 NWLR pt 616 pg 672, Blojwani V Blojwani 1996 6 NWLR pt 457 pg 661.
— O.O. Adekeye, JCA. Ugo v. Ugo (2007) – CA/A/110/2007
LUMSDEN v. LUMSDEN (1963) 5 FLR 388, the Supreme court of Victoria said on the issue of award of maintenance and I quote from 392 thus: “Maintenance is intended to provide for the needs of the wife and not mark disapproval of the husband’s conduct.”
It was held in Koku v. Koku (1999) 8 NWLR (Pt.616) 672 CA that:- “Jurisdiction of court to hear a divorce petition is governed by the domicile of the husband and not by the residence of the husband. And by operation of law, a married woman, on marriage, takes on the domicile of her husband. Consequently, the court with jurisdiction to adjudicate on a divorce matter is the court of the domicile of the husband Bhojwani v Bhojwani (1996) 6 NWLR (pt.457) 661”. Omotunde v. Omotunde (2000) – CA/I/M.57/2000
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