CHAIRMAN, LAGOS EXECUTIVE DEVELOPMENT BOARD VS JAMIL SAID AND OTHERS
August 29, 2025KESHINRO ABUDU SALAMI VS LASISI BAKARE AND ORS
August 29, 2025Legalpedia Citation: (1967-02) Legalpedia 59150 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Thu Feb 9, 1967
Suit Number: SC 358/1965
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
APPELLANTS
GEORGE NABHAN
RESPONDENTS
AREA(S) OF LAW
APPEAL- CONSTITUTIONAL LAW – INTERPRETATION OF STATUTES-RIGHT AND LEAVE TO APPEAL
SUMMARY OF FACTS
The appellant appealed against a decree nisi in matrimonial causes proceedings without leave of court.
HELD
The court held that from a construction of section 117(2)(a) of the constitution particularly the proviso thereto, a decree nisi for dissolution of marriage is a final decision for the purpose of appeal and therefore leave was not required.
ISSUES
Whether a decree nisi for the dissolution of a marriage is a final decision for the purpose of section 117(2) (a) of the Constitution.
RATIONES DECIDENDI
NATURE OF A DECREE NISI
1. ‘A decree nisi cannot be regarded as a final decision for all purposes.’ Per Brett J.S.C
ROLE OF PROVISOS IN INTERPRETING STATUTES
2. ‘Where words are reasonably susceptible of more than one meaning a proviso may show which meaning they were intended to bear’. Per Brett J.S.C
NATURE OF A DECREE NISI
3. ‘If section 117 (2) of the Constitution is read as a whole it is at least open to the court to hold that a final decision for the purpose of paragraph (a) Includes a decree nisi’. Per Brett J.S.C
CASES CITED
1. Killowen in R. v. Titterton [1895] 2 Q.B. 67
2. Bank of Toronto v. Lambe (1887) 12 App. Cap. 575
3. Salaman v. Warner and others [1891] 1 O.B. 734, and in In re Crompton (1884) 27 Ch.D. 392
STATUTES REFERRED TO
The Constitution of the Federation 1963
