CORAM
ADEMOLA, CHIEF JUSTICE, NIGERIA
MADARIKAN, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
PARTIES
FESTUS IBIDAYO ADESANOYE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Appellant did not enter appearance nor did he file any defense in the action for divorce but appealed against consequential Order following the divorce decree.
HELD
The court held that Maintenance and Custody are interlocutory matters for the purpose of appeal and even where order for them is made in open Court, leave should be sought before appeal
ISSUES
Whether the part of the decision granting Maintenance and Custody from where the appeal rose was interlocutory and required that leave be obtained before appeal.
RATIONES DECIDENDI
INTERLOCUTORY ORDER OF MAINTENANCE & CUSTODY OF INFANTS
“The reason why order for Maintenance and Custody is treated as interlocutory is the want of finality because it is subject to revision by the court which made the order. Such orders though they appear on the face final are subject to subsequent revision, suspension or modification by the court which pronounces them” Per Ademola, CJN
CASES CITED
1960 FSC 207/1959 [1960] NSCC 41
CHINCHEN VS CHINCHEN (1950) WN 22 C.A
RE. W (AN INFANT) (1953) 2 All E.R. 1337.
Re. W (INFANT) (1956) Ch 384; (1956) I All E.R 368 CA
STATUTES REFERRED TO
SUPREME COURT OF JUDICATURE (CONSOLIDATION) ACT 1925