CLARA AREWA V. J.I. IDEHEN
August 27, 2025GODWIN MOGBEYI BOYO V. THE ATTORNEY GENERAL OF MID-WEST STATE
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 01319
In the Supreme Court of Nigeria
Fri May 28, 1971
Suit Number: SC 144/1969
CORAM
ADEMOLA, CHIEF JUSTICE NIGERIA
MADARIKAN, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
FREDERICK OBOJE NEGBENEBOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent was awarded in the lower court, maintenance for herself at the monthly rate of £60, maintenance of the youngest child fixed at £60 per annum and a refund to the Lagos University Teaching Hospital the sum of £270 payment for the respondents car by the applicant who is appealing against that order in the present suit.
HELD
The Court allowed the appeal and varied the order of the lower court. The respondent was granted maintenance of £20 monthly, the infant child, £60 per annum and the arrears to commence from the date the originating summons was issued.
ISSUES
Whether the learned trial judge erred in law in assessing the maintenance due to the applicant on one third of the respondents assets instead of one third of their joint incomes as disclosed by the evidence
Whether the learned trial judge erred in law in ordering the payment of arrears of the maintenance awarded to the applicant/respondent and their daughter Gloria from the date when the applicant left the matrimonial home, that is to say, 2nd October, 1965.
Whether the learned trial judge erred in law in ordering the appellant to pay to the Lagos University Teaching Hospital when the LUTH was not a party to these proceedings
RATIONES DECIDENDI
CALCULATION AND PAYMENT OF MAINTENANCE
Permanent maintenance is generally allotted on the basis of one third of the joint income of the parties, less the wifes income. Per Sowemimo, JSC
PERSONS ENTITLED TO ENFORCE A CONTRACT
As a general principle a contract only affects the parties to it, and cannot be enforced by or against a person who is not a party, even if the contract is made for his benefit and purports to give him the right to sue, or to make him liable upon it. The fact that a person who is a stranger to the consideration of a contract stands in such near relationship to the party from whom the consideration proceeds that he may be considered a party to the consideration does not entitle him to sue upon the contract. Per Sowemimo, JSC
CALCULATION AND PAYMENT OF MAINTENANCE
An order requiring a husband to make periodical payments under the section, may be retrospective to the date on which the wifes originating summons was issued. Per Sowemimo, JSC
CASES CITED
FSC 207/1959 [1960] NSCC 41
Piggott v. Piggott (1957) 3 All E.R. 432
Hohler v. Aston (1920) 2 Ch. 420 at page 425
Beswick v. Beswick (1967) 2 All E.R. 1197
STATUTES REFERRED TO
Matrimonial Causes Act, 1950
