JAMES EDUN AND OTHERS VS INSPECTOR-GENERAL OF POLICE
September 2, 2025LAWRENCE ONYEKAONWU AND ORS VS EKWUBIRI AND ORS
September 2, 2025Legalpedia Citation: (1966-01) Legalpedia 66344 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Jan 14, 1966
Suit Number: SC 339/1965
CORAM
ADEMOLA CHIEF JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
IDlGBE JUSTICE, SUPREME COURT
PARTIES
JOSHUA O. WILLIAMS
APPELLANTS
OLAJUMOKE O. WILLIAMS
RESPONDENTS
AREA(S) OF LAW
Matrimonial Causes Law- Grounds of Dissolution of Marriage
SUMMARY OF FACTS
By a petition filed in the Divorce Registry of the High Court, Ibadan the appellant asked for a dissolution of the marriage solemnized between himself and the respondent on the 18th day of February, 1950 on the ground of cruelty and he also asked for custody of the three issues of the marriage.
HELD
Cruelty was sufficiently established on the part of the respondent considering the various acts that occurred before February, 1961
ISSUES
Whether the Trial Judge was right having regards to the circumstance of this case when he held that Cruelty has not been proved
Whether trial judge was right when he exercised his discretion properly after he found that the matrimonial offence (in this case, cruelty) on which the petition was based, had not been proved
RATIONES DECIDENDI
CONSENT AND EFFECT OF DEFAULT OF PLEADINGS IN DISSOLUTION OF MARRIAGE
“The Divorce Court ‘does not, as other courts do, act on mere consents or defaults of pleading, or mere admission by parties’ since ‘the stability of the marriage tie and the terms on which it should be dissolved involve far wider consideration than the will or consent of the parties to the marriage”-Per Idigbe, J.S.C.
INTEREST OF COMMUNITY IN DISSOLUTION OF MARRIAGE
“The interest of the community at large should also be judged ‘by maintaining a true balance between respect for the binding sanctity of marriage and the social considerations which make it contrary to public policy to insist on the maintenance of a union which has utterly broken down.” -Per Idigbe, J.S.C.
DUTY OF COURT IN DISSOLUTION OF MARRIAGE
“A learned trial judge was obviously not in a position to deal with the issue (i.e., the exercise of his discretion) unless he was first satisfied that a case for dissolution of the marriage has been established”-Per Idigbe, J.S.C.
CASES CITED
Green v. Green (1864) 33 L.J. PM
Atkins v. Atkins [1942] 2 All E.R. 637 at 638
Hyman v. Hyman [1929] P. 1 at 31
Blunt v Blunt [1943] 2 All E. R. 76
Adaramaja v. Adaramaja [1962] 1 All N.L.R. 247 at 253
STATUTES REFERRED TO
