TINUBU V IMB SECURITIES
June 20, 2025DR. TIMOTHY N. MENAKAYA VS ANN OKWUCHUKWU MENAKAYA
June 20, 2025Legalpedia Citation: (2001) Legalpedia (SC) 16511
In the Supreme Court of Nigeria
Fri Sep 28, 2001
Suit Number: SC. 169/96
CORAM
UTHMAN MOHAMMED , JUSTICE, SUPREME COURT
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
DR. TIMOTHY N. MENAKAYA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Petitioner was lawfully married to the Respondent, in 1979 at the Marriage Registry, Barnet, London. The couple cohabited at London and Onitsha. He presented a petition for dissolution of marriage in Onitsha 1993.
HELD
Appeal allowed, setting aside the majority judgment of the Court of Appeal and ordered the retrial of the petition and cross-petition de novo before another Judge of Anambra State.
ISSUES
Whether trial Judge was wrong to allow a matrimonial cause or matter to be heard in Chambers with consent of the Counsels, against intendment of Section 103(2) of the Matrimonial Causes Act and Order 1 Rule 9(1) of the Matrimonial Causes Rules?Whether the judgment of Ononiba J., given following proceedings in chambers and without any evidence led, was a void judgment.
RATIONES DECIDENDI
PROCEEDINGS IN AN OPEN COURT.
Although the court recorded that both Senior Counsel had given consent to hearing in chambers but since the statute has made it mandatory that such proceedings must be in open court the consent of counsel is immaterial and of no consequence. Per UTHMAN MOHAMMED, JSC.
ISSUES FOR DETERMINATION
It is a misdirection for a trial Judge to give judgment on an issue on which there is no evidence adduced whatsoever Per UTHMAN MOHAMMED, JSC.
CASES CITED
J.B. Soboyede & Ors. v. Minister of Lands and Housing, Western Nigeria (1974) All NLR 369Oviasu v. Oviasu (1973) N.S.C.C. (vol.8) 502.Shodeinde v. Ahmadiyya Movement in Islam (1983) 2 SCNLR 284.
STATUTES REFERRED TO
Section 103(2) of the Matrimonial Causes Act 1970Order 1 Rule 9(1) of the Matrimonial Causes Rules
