CORAM

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RIDWAN MAIWADA ABDULLAHI JCA

Usman Alhaji Musale JCA

MUSA DATTIJO MUHAMMAD JSC

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PARTIES

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DR.TIMOTHY N. MENAKAYA APPELLANTS

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ANN OKWUCHUKWU MENAKAYA RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Petitioner was lawfully married to the Respondent, in 1979 at the Marriage Registry, Barnet, London. The couple cohabited at London and Onitsha. He presented a petition for dissolution of marriage in Onitsha 1993.

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HELD

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Appeal allowed, setting aside the majority judgment of the Court of Appeal and ordered the retrial of the petition and cross-petition de novo before another Judge of Anambra State.

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ISSUES

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Whether trial Judge was wrong to allow a matrimonial cause or matter to be heard in Chambers with consent of the Counsels, against intendment of Section 103(2) of the Matrimonial Causes Act and Order 1 Rule 9(1) of the Matrimonial Causes Rules? Whether the judgment of Ononiba J., given following proceedings in chambers and without any evidence led, was a void judgment.

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RATIONES DECIDENDI

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PROCEEDINGS IN AN OPEN COURT.

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Although the court recorded that both Senior Counsel had given consent to hearing in chambers but since the statute has made it mandatory that such proceedings must be in open court the consent of counsel is immaterial and of no consequence.

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ISSUES FOR DETERMINATION

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It is a misdirection for a trial Judge to give judgment on an issue on which there is no evidence adduced whatsoever

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CASES CITED

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J.B. Soboyede & Ors. v. Minister of Lands and Housing, Western Nigeria (1974) All NLR 369|Oviasu v. Oviasu (1973) N.S.C.C. (vol.8) 502.|Shodeinde v. Ahmadiyya Movement in Islam (1983) 2 SCNLR 284.

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STATUTES REFERRED TO

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Section 103(2) of the Matrimonial Causes Act 1970|Order 1 Rule 9(1) of the Matrimonial Causes Rules|

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