PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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| TITLE | MAIN ISSUES |
| ABISOGUN V. ABISOGUN AND OTHERS | FAMILY LAW – MATRIMONIAL CAUSES: – Validity of Marriage under the Marriage Ordinance – Voidance of marriage under the Marriage Ordinance due to prior existing customary law marriage – How existence of customary law marriage may be proved – When deemed not proved – Relevant considerations
FAMILY LAW – LEGITIMACY: – Legitimacy of children born of out wedlock – Legitimacy and legitimation – Effect of subsistence of a valid marriage under the Marriage Ordinance on legitimacy of children – Acts considered as legitimation – Relevant considerations |
| ADAMS V. ADAMS |
FAMILY LAW –MATRIMONIAL CAUSES:- Custody of infant child – Application by wife who deserted matrimonial home and moved in with a lover with whom she carried on adulterous affair – How treated FAMILY LAW –MATRIMONIAL CAUSES:- Custody proceedings – What applicant must prove to succeed – Good mother – Meaning and implications – Employment, visible source of income, suitable accommodation, immigration status, health and other relevant considerations on which court decides – When court may award custody to husband – How treated |
| ADEFARATI V. ADEFARATI(HC) | FAMILY LAW – MATRIMONIAL PROCEEDINGS: – Divorce on ground of cruelty and adultery – Proof of marriage – Necessity that Certificate of Marriage support the existence of the marriage – Whether court will not entertain a suit where the names of the parties are improperly omitted from or retained in the title – Discrepancy between the maiden name of the petitioner as given in the certificate and that given in the petition – Where evidence was not adduced to satisfactorily account – Legal effect |
| ADEGBOLA V FOLARANMI | FAMILY LAW:- Marriage of Christian Native outside Colony or Protectorate – Presumption of – Succession to property by issue of previous native marriage – applicability of English Law |
| ADEPOJU V. ADEPOJU |
FAMILY LAW – MATRIMONIAL PROCEEDINGS: – Parties to a Petition for divorce on ground of adultery – Cross-respondents accused of adultery with one of the parties to the marriage – Designations: “Persons Cited” and “Person Named” – Rules for naming, joining or claiming cost or damages against cross-respondents on ground of adultery – Relevant considerations FAMILY LAW – MATRIMONIAL PROCEEDINGS: Divorce proceedings – Requirement to state the status of Wife before marriage – Rule 4(1) (a) of the Matrimonial Causes Rules, 1957 – Whether mandatory – Whether failure to do so is cured by the insertion of “nee (Wife’s pre-marriage surname) |
| ADEREMI ADEDAMOLA AJIDAHUN V. MRS. DAPHINE OTERI AJIDAHUN |
FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:- Petition for divorce on ground marriage had broken down irretrievably section 15(e) (f) of the Matrimonial Causes Act – Requirement for at least 3 years separation – What petitioner needs to prove FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:- Proceedings under Matrimonial Causes Rules, Order VII Rule 1 (i) (a) – (d) – Requirement that Respondent file an answer to the petition if he so wanted to, after due Service – Effect of failure thereto – Power of Court under provisions of Order XI Rule 39(1), (2) and (3) of the Matrimonial Causes Act to issue a Certificate that suit was ready for trial in the absence of an appearance and/ or an Answer by the Respondent – Whether breach of constitutional right to fair hearing |
| ADESANOYE V. ADESANOYE |
FAMILY LAW – MATRIMONIAL CAUSES:- Divorce and ancillary claims – Whether Court can grant arrears of maintenance prior to the date of the petition – Appeal against custody and maintenance decision FAMILY LAW – MATRIMONIAL CAUSES:- Ancillary claims – Order for maintenance and custody – Treatment as interlocutory orders – Justification – Whether such orders, though on the face they appear final, are subject to subsequent revision, suspension or modification by the court which pronounces them |
| ADEYEMI V. ADEYEMI |
FAMILY LAW – MATRIMONIAL PROCEEDINGS: – Divorce on ground of adultery – How proved – Burden of proof – Whether lies on the person who alleges adultery and that the same strict rule, as in criminal cases, applies, that is proof beyond reasonable doubt is required to establish adultery – Whether in order to succeed, it is not necessary to prove the direct fact and act of adultery in time and place – Whether the fact is inferred from circumstances which lead to it in most cases FAMILY LAW – MATRIMONIAL PROCEEDINGS:- Divorce on ground of adultery – Damages against Co-respondent/third party adulterer – Whether damages in Divorce are compensatory only and are not exemplary or punitive and the attitude of the court is not to punish the adulterer but to compensate the husband – Whether evidence that the co-respondent had employed treachery or deliberation or wanton attack on family honour to seduce party to the marriage is relevant – Where marriage is found to have already broken down and there is little to compensate for – Effect on quantum – Whether court is not concerned with the means of the co-respondent in the assessment of damages |
| ADEYINKA V. OHURUOGU | FAMILY LAW: – Matrimonial Causes – Divorce on ground of Adultery – Award of damages or cost against co-respondent who committed adultery with spouse – Guiding principles thereof |
| ADUKE V ABIONA | FAMILY LAW: – Family Property – Principles for a successful claim for account |
| ADMINISTRATOR-GENERAL V. OLUBAMIWO | |
| AJAYI V. AJAYI | FAMILY LAW – MATRIMONIAL CAUSES: – Petition for Divorce on Ground of adultery – Failure of Respondent to File an Answer – Whether admission of adultery – Custody of Children of the marriage – When granted to husband/petitioner – Co-Respondent accused of Adultery with Respondent – Requirement to establish identity properly – Effect of failure thereof |
| AJIDAHUN v AJIDAHUN | FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:- Petition for divorce on ground marriage had broken down irretrievably section 15(e) (f) of the Matrimonial Causes Act – Requirement for at least 3 years separation – What petitioner needs to prove
FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:- Proceedings under Matrimonial Causes Rules, Order VII Rule 1 (i) (a) – (d) – Requirement that Respondent file an answer to the petition if he so wanted to, after due Service – Effect of failure thereto – Power of Court under provisions of Order XI Rule 39(1), (2) and (3) of the Matrimonial Causes Act to issue a Certificate that suit was ready for trial in the absence of an appearance and/ or an Answer by the Respondent – Whether breach of constitutional right to fair hearing |
| AKINSETE V. AKINSETE | FAMILY LAW – MATRIMONIAL PROCEEDINGS:- Petition for Divorce on Ground of Desertion – Section 15(2)(d) of the Decree – Dissolution of a marriage on the ground that it has irretrievably broken down if the respondent has deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition – How determined |
| AKINYEMI V. AKINYEMI |
FAMILY LAW – MATRIMONIAL CAUSES: – Adultery – Proof of – Standard of proof required – Confession of adultery – How regarded – Evidence of adultery – How inferred FAMILY LAW – MATRIMONIAL CAUSES:- Confessional statement of respondent – Whether it need be direct – When made while drunk – Weight to be attached to same as admission – Circumstances when admission of adultery by respondent will amount to admission also by co-respondent – Relevant considerations |
| ANAGBADO V. ANAGBADO |
FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:‑ Ground for dissolution of marriage ‑ Adultery, Cruelty as grounds ‑ Whether permissible or valid under section 15(1) of the Matrimonial Causes Act, 1970 FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:‑ Ground for dissolution of marriage ‑ Ground cognisable under the Matrimonial Causes Act, 1970. FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:‑ Condonation ‑ What amounts to ‑ Section 26 Matrimonial Causes Act ‑ Effect. FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:- Divorce ‑ Cruelty ‑ Sexual intercourse after alleged cruelty ‑ Effect on proof of cruelty. |
| ANOWO v ANOWO |
FAMILY LAW – MARRIAGE:- Proof of marriage – Customary law – Whether proof of acknowledgement enough – Marriage under the Act – What the Court would consider sufficient proof – Implication for administration of estate of deceased husband FAMILY LAW – MARRIAGE:- Proof of existence of a valid existing marriage constituted under the Marriage Act – Whether nullifies the existence of a subsequent marriage between a party thereto with a third party |
| ANYAEGBUNAM V. ANYAEGBUNAM | FAMILY LAW -MATRIMONIAL CAUSES:- Petition for judicial separation – Marriage under native law and custom followed by church blessing – Whether constitutes marriage under Marriage Act (Cap. 115 Laws of the Federation) – ‘Certificate of Marriage’ stating that parties lawfully married under the rites of Roman Catholic Church – Effect of – Procedure to be followed where marriage celebrated in place of worship as church – Sections 21, 24, 25 and 26 of Marriage Act – Sections 32, 82(1) & (2), 86 of Matrimonial Causes Decree 1970 (Decree No. 18 of 1970)-Section 33(2) (c) and (3) of Marriage Act-Effect of marriage without registrar’s certificate of notice or license. |
| APARA V. APARA | FAMILY LAW – MATRIMONIAL CAUSES: – Petition for Divorce – Party in whose favour Decree Nisi is granted – Whether automatically entitled to grant of Custody of children of the marriage – Duty of court to hear both parties fully and consider relevant factors before making a final order in the interest of society – Care of the children as paramount consideration – Matrimonial Causes Rules, 1957, rule 33A (a) |
| ARCHIBONG V STATE | |
| ASERE V. ASERE | MATRIMONIAL CAUSES – Presumption of marriage under the Marriage Act – Whether can be raised. |
| ASH V. AGBENDE |
FAMILY LAW:- Validity of marriage and Paternity of Child – Two rivals who disparately cannot prove validity of marriage to a woman lay claim to paternity of her child – Paramount of interest – Whether it is in the best interest of the child to merely grant custody to mother without determining who the father is FAMILY LAW:- Dispute over paternity of Child and equitable principles – Where there are equal equities the first in time prevails,” – Effect where two rivals lays claim to child of woman they had lived with as ‘wife’ under invalid customary law marriages |
| AWOBOKUN V. ADEYEMI |
FAMILY LAW – MATRIMONIAL PROCEEDINGS:- Filing of caveat against notice of marriage on the ground that a party to proposed marriage was married in accordance with the Customary Law and the caveatrix was expecting a baby by him and under section 47 of the Marriage Act it would be illegal for him to get married to another party under the Marriage Act – How withdrawn – Whether withdrawal renders caveatrix liable to costs FAMILY LAW – MATRIMONIAL PROCEEDINGS:- Caveatrix proceedings – Hearing and determination as envisaged by section 15 of the Marriage Act – Whether Act made no provisions as to how a caveat can be abandoned once it has been entered – Justification – Whether once a caveat is entered the purpose is that it must be pursued so as to ensure that the parties to the proposed marriage may be free once and for all to celebrate the marriage or be forbidden to marry – Whether Order 28 of the Rules of the High Court has any application – When cost would not be awarded against a caveatrix for entering caveat and withdrawing |
| B.A. LAWAL AND ORS V MESSRS. A. YOUNAN SONS | FAMILY LAW: Children born out of wedlock – Marriage ordinance – Legitimacy – Acknowledgement – Effect of – Customary law marriage |
| BAKARI V. REGINA | FAMILY LAW: – Separation of married couple under customary law – Failure to pay back dowry to husband – Whether entitles husband to enforced return of wife |
| BALOGUN V. NATIONAL BANK OF NIGERIA LTD | FAMILY LAW:- Action for breach of promise to marry – Whether plaintiff needs to prove actual damage |
| BELL-GAM V. BELL-GAM | FAMILY LAW – MATRIMONIAL CAUSES: – Divorce – Petition for dissolution of marriage on the ground of desertion and of the husband’s adultery with a woman named – Claim for custody of children of the marriage for the maintenance of each child until the age of sixteen – Need for court to give fair hearing to both parties – When a trial is deemed not merely irregular but a nullity necessitating a mistrial |
| BELLINGER (FC) V. BELLINGER | FAMILY LAW – MATRIMONIAL CAUSES:- Nullity of Marriage – Whether person who is not biologically female is validly married under Statute requiring that parties to a marriage be male and female – Section 1(c) of the Nullity of Marriage Act 1971, re-enacted in section 11(c) of the Matrimonial Causes Act 1973 – Whether a declaration that the marriage was valid at its inception and is subsisting can be issued – Whether statute incompatible with Articles 8 and 12 of the European Convention on Human Rights |
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HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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