M. N. UTTAH V. INDEPENDENCE BREWERY LIMITED
August 12, 2025I. A. O. ADEBAJO V. TENNESSEE NIGERIA INC
August 12, 2025Legalpedia Citation: (1974) Legalpedia (SC) 01011
In the Supreme Court of Nigeria
Fri Feb 8, 1974
Suit Number: SC. 200/1973
CORAM
COKER, JUSTICE, SUPREME COURT
ALEXANDER JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
ADESOLA A. OLU-IBUKUN IN RE LAWRENCE OLU-IBUKUN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial court granted the respondent Alimony pendente lite on conflicting affidavits of facts which goes to the substantive issues in the petition.
HELD
The court held that the trial court was wrong to have based its assessment of Alimony on the conflicting affidavit evidence and that the Matrimonial Causes Decree made no provision for Alimony but maintenance pending determination of petition.
ISSUES
Whether the subject matter of this action being one of international carriage of passengers and goods by air is not exclusively governed by the Warsaw Convention; 1955 (applicable in Nigeria by virtue of the (Colonies Protectorates and Trust Territories) Order 1953, Vol. XI of the 1958 Laws of the Federation of Nigeria.
RATIONES DECIDENDI
SUBSTITUTION OF ALIMONY WITH MAINTENANCE PENDING PROCEEDING
The Matrimonial Causes Decree has done away with Alimony and substituted it with maintenance pending proceeding which is granted having regard to the means, earning capacity, and conduct of the parties, and to all other relevant circumstances. Per Fatayi- Williams J.S.C
CASES CITED
Akinsete v. Akindutire (1966) 1 All NLR 147
Oki & Ors. v. Eboh & Ors. delivered on 31st January, 1974
STATUTES REFERRED TO
The Matrimonial Causes Decree, 1970
