KELANI BANJO & ANOR VS LAMIDI AIYEKOTI & ANOR
August 15, 2025ANIEMEKA EMEGOKWUE VS JAMES OKADIGBO
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 31114
In the Supreme Court of Nigeria
Thu Apr 19, 1973
Suit Number: SC. 18/1973
CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
BELLO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
CHRISTOPHER ANYAEGBUNAM APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent prayed that she should be judicially separated from the appellant. The appellant contended that the trial court had no jurisdiction to hear the case as the marriage was not celebrated under the provisions of the Marriage Act, but was a customary marriage followed by a church blessing.
HELD
The Court held that the learned trial Judge was in error in entertaining the petition as the Respondent failed to prove that there was a subsisting and valid marriage under the Marriage Act.
ISSUES
Does the ceremony constitute proof of marriage in a “matrimonial cause” as provided for in the Marriage Act (Cap. 115 of the Laws of the Federation) and in the Matrimonial Causes Decree, 1970 (Decree No. 18 of 1970)?
RATIONES DECIDENDI
IMPORTANCE OF PROOF OF CEREMONY OF MARRIAGE
“In petitions for nullity, the law is that the ceremony of marriage must be strictly proved.” Per FATAYI-WILLIAMS, JSC
CASES CITED
1. Piers v. Piers (1849) 2 H.L. Cas. 331
2. Hill v. Hill (1959) 1 All ER 281 P.C
3. Ponticelli v. Ponticelli (1958)1 All E.R. 357
STATUTES REFERRED TO
1. The Marriage Act (Cap. 115 of the Laws of the Federation)
2. The Matrimonial Causes Decree, 1970 (Decree No. 18 of 1970)
