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
The burden of proving that a domicile has been chosen in substitution for the domicile of origin is on the person who asserts that the domicile of origin is lost – the intention must be proved with perfect clearness. Winans v. A.G. (1904) AC 287 at 290; Bhojwani v. Bhojwani (1995) 7 NWLR (Pt.407) 349.
— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000
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
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
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
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)
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