ABAYOMI ADELENWA VS THE STATE
August 16, 2025ASUQUO ANA INYANG VS THE STATE
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 25111
In the Supreme Court of Nigeria
Fri Oct 6, 1972
Suit Number: S.C 295/69
CORAM
COKER JUSTICE, SUPREME COURT
FATAYI- WILLIAMS JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
DR OSADAYI OSAMWONYI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The petitioner married the respondent the Marriage Registry in Lagos and later filed a divorce petition in the Benin High Court.
HELD
The Court held that there was no merit in the appeal which is accordingly dismissed with costs.
ISSUES
None
RATIONES DECIDENDI
WHAT MUST BE PROVED TO INVALIDATE MARRIAGE UNDER THE ACT
“As the law stands, in order to invalidate a marriage celebrated under the Marriage Act on the ground that, at the time of the aforesaid marriage, there was marriage under native law and custom by one of the parties still subsisting, that marriage under native law and custom must be proved with a high degree of certainty.” A. FATAYI-WILLIAMS, JSC.
CASES CITED
Abisogun v. Abisogun & Ors. (1963) 1 All NLR. 237CMCMCMCM
STATUTES REFERRED TO
1. Marriage Act (Cap. 115)
2. Evidence Act (Cap.63)
