OBIDINAKA EJEANALONYE & ORS V. IKPENDU OMABUIKE & ORS
August 12, 2025M. N. UTTAH V. INDEPENDENCE BREWERY LIMITED
August 12, 2025Legalpedia Citation: (1974-02) Legalpedia (SC) 95411
In the Supreme Court of Nigeria
Thu Feb 21, 1974
Suit Number: SC 290/1973
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
CASIMIR ODIVE
APPELLANTS
NWEKE OBOR & ANOR
RESPONDENTS
AREA(S) OF LAW
ACTION – MATRIMONIAL CAUSES- PRACTICE AND PROCEDURE- TORT
SUMMARY OF FACTS
The appellant instituted action by a writ of summons for the return of his children and damages loss of their service. The High Court struck out the suit on the ground that it ought to have been commenced by petition.
HELD
The court held that the matter was not a matrimonial cause which is required to be commenced by petition.
ISSUES
Whether the subject matter of this action is a matrimonial cause which needs to be commenced by petition.
RATIONES DECIDENDI
PRELIMINARY OBJECTION WITHOUT FURTHER EVIDENCE ON THE MERITS
“Once issues had been joined between the parties including an allegation by the 1st defendant that the marriage between him and 2nd defendant had been made under customary law, it was wrong to entertain a preliminary objection without any further evidence on the merits.” Per ELIAS, CJN.
CASES CITED
Lough v. Ward (1945) 2 AER 338
STATUTES REFERRED TO
The Matrimonial Causes Decree, 1970.Nigeria 1999
