COKER VS ADEYEMO & ANOR
September 3, 2025NWEKE VS THE STATE
September 3, 2025Legalpedia Citation: (1965-05) Legalpedia 61489 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri May 7, 1965
Suit Number: SC 205/1964
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
FRANCIS
APPELLANTS
FRANCIS
RESPONDENTS
AREA(S) OF LAW
MATRIMONIAL CAUSES
SUMMARY OF FACTS
The appellant objected to the trial in matrimonial causes proceedings on the grounds that a new certificate setting the matter for trial was not filed after the co- respondent filed an answer. The answer had been filed out of time.
HELD
The objection was dismissed.
ISSUES
Whether a new certificate that the matter is ripe for trial needs to be filed when an answer is filed out of time
RATIONES DECIDENDI
WHETHER A NEW CERTIFICATE IS REQUIRED WHEN AN ANSWER IS FILED OUT OF TIME
‘The Rules do not say that when an answer is delivered by leave out of time, a new certificate is required.’ – Bairamian J.S.C
CASES CITED
STATUTES REFERRED TO
The Matrimonial. Causes Rules, 1957
