CORAM

---

ELIAS JUSTICE, SUPREME COURT

IRIKEFEJUSTICE, SUPREME COURT

IRIKEFE JUSTICE, SUPREME COURT

---

PARTIES

---

CHRISTIANA ABOSEDE WILLIAMS

APPELLANTS 

---

OLADAPO WILLIAMS

OLAWALE ONILE ERE (M)

IN RE OLAWALE ONILE ERE

RESPONDENTS 

---

AREA(S) OF LAW

---

MATRIMONIAL CAUSES-DISSOLUTION OF MARRIAGE – DAMAGES

 

---

SUMMARY OF FACTS

The Respondent (husband) got damages against the party cited (person with whom adultery was committed) in the dissolution of his marriage on the grounds of adultery. The party cited appealed against the award of damages because the Judge did not make a finding as to whether the adultery was committed within three years prior to the proceeding.

 

---

HELD

---

The appeal was allowed and the cost awarded as damages was set aside and the claim for damages was dismissed. It was held that the trial judge was in error in awarding damages against the person cited in the absence of any finding that the adultery was committed by the petitioner within the statutory period.

 

---

ISSUES

---

Whether the trial Judge was in error to have awarded damages against the party cited without making a finding that the adultery on which the claim for damages was based was committed within three years of the date of the petition

 

---

RATIONES DECIDENDI

---

PROOF OF ADULTERY COMMITED WITHIN 3YEARS OF PETITION:

---

“no damages can be awarded in respect of an adultery committed more than three years before the date of the petition. Moreover, in our view, the onus of proving the particular adultery relied upon by a petitioner for his or her claim for damages under Section 31(1) lies squarely on such petitioner and must be proved to the satisfaction of the court. In addition, because of the mandatory provisions of subsection (3), the court hearing the petition or cross-petition, as the case may be, must make a clear finding as to whether that adultery was or was not committed within a period of three years preceding the date of the petition for divorce.” Per FATAYI-WILLIAMS, JSC

 

---

CASES CITED

---

Emegokwe v. Okadigbo (1973) 4 S.C. 113

Evans v. Evans and Platts (1899) p.195

 

---

STATUTES REFERRED TO

---

S.31 (1)&(3) of Matrimonial Causes Decree, 1970

 

---

CLICK HERE TO READ FULL JUDGMENT