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JURISDICTION IN DIVORCE PETITION IS GOVERNED BY DOMICILE

Dictum

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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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 Was this dictum helpful? Yes 0 No 0...

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DOMICILE IS THE BASIS OF JURISDICTION IN MATRIMONIAL CAUSES

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...

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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...

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BASIS FOR JURISDICTION IN MATRIMONIAL CAUSES IS DOMICILE

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...

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