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
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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
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.”
The application for the enforcement of the Appellant’s fundamental rights to personal property, family and private life, dignity of her person and against discrimination was brought at the trial Court in subtle way to settle the Appellant’s matrimonial dispute with her estranged husband and brother-in-law, respectively the 1st and 2nd Respondents herein. The Appellant had ingenuously crafted an otherwise matrimonial causes matter to fit into the special procedure offered by the Fundamental Rights (Enforcement Procedure) Rules (FREPR). That special procedure, on the peculiar facts of this case, does not avail her to ventilate her matrimonial dispute.
— Ejembi Eko, JSC. Nwachukwu v Nwachukwu (2018) – SC.601/2013
Domicile of Origin. This is the first type of Domicile everybody acquires. It is the domicile of a person at birth derived from the custodial parents or imposed by law. Everybody at birth becomes a member of both a political and of a civil society, the former determines his political status or nationality, and the latter determines his civil status. The law which governs the civil society into which he is born the law of his country of domicile, is attached to his person and remains so attached wherever he goes, unless and untill he ceases to be a member of that society and he can only cease to be a member of that society by becoming a member of another civil society and so acquires a new domicile referred to as domicile of choice – the law of which becomes attached to him in that manner. A domicile of origin is retained until a fresh one is acquired. It is never destroyed, but remains in abeyance where a new domicile is chosen, and revives and comes again into operation when the new domicile is abandoned and then endures until a new domicile is acquired.
— 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
Black’s Law Dictionary Seventh Edition simply defines Domicile as the place at which a person is physically present and that the person regards as home, a person’s true, fixed, principal, and permanent home to which that person intends to return and remain even though currently residing elsewhere – same is also termed permanent abode. Every person has a domicile at all times, and no one has more than one domicile at once. Black’s Law Dictionary Seventh Edition defines a Residence as – (1) the act of fact of living in a given place for sometime a year’s residence. (2) The place where one actually lives as distinguished from a domicile. Whereas Residence usually just means bodily presence as an inhabitant in a given place, domicile usually requires bodily presence plus an intention to make the place one’s home. A person thus may have more than one residence at a time but only one domicile. Though the term domicile and residence are used synonymously. (3) The place where a corporation or other enterprise does business or is registered to do business. (4) A house or fixed abode.
— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000
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