EDEANI NWAVU & 11 ORS V CHIEF PATRICK SUNDAY OKOYE & 19 ORS
May 28, 2025CHIEF ITA OKON AQUA VS CHIEF DAVID EKANEM
May 28, 2025egalpedia Citation: (2008) Legalpedia (CA) 71137
In the Court of Appeal
Sun Nov 30, 2008
Suit Number: CA/C/92/2005
CORAM
PARTIES
MRS. JOSEPHINE A. USHIE APPELLANTS
ENGINEER GODWIN A. USHIE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Petitioner (now Respondent) filed a petition for dissolution of marriage and custody of children against the Respondent (now Appellant). The Respondent filed a cross petition. The learned trial judge upheld the Petition and dismissed the cross-petition. An order of Decree Nisi was made and custody of the children of the marriage awarded to the Petitioner. Dissatisfied, the Respondent filed this appeal.
HELD
Appeal allowed
ISSUES
Whether the trial court rightly assumed jurisdiction to hear the Petition of the Petitioner (now Respondent) when the condition precedent of making the named adulterer (s) party to the Petition as enjoined by Section 32 (1) Matrimonial Causes Act Cap.20 Laws of the Federation 1990 had been fulfilled (Grounds 1 and 2 of the Notice of Appeal).
RATIONES DECIDENDI
JOINDER OF PARTIES IN DIVORCE PETITIONS-EXCEPTIONS-WHERE A JOINDER CANNOT BE MADE
“The only exceptions where the joinder cannot be made are:
1. where the alleged adulterer is dead
2. where the alleged adulterer is under 14 years of age
3. an infant or young person under the age of 21 years with whom incest is committed by either of the parties to the petition.” PER AKAAHS JCA
LEAVE TO APPEAL-WHEN REQUIRED
“There is no requirement of leave or extension of time for an appeal against a final decision that is filed within the stipulated time. The need for leave to appeal arises only for interlocutory decisions on questions of facts or mixed law and facts under the provision of Section 242 (1) of the 1999 Constitution”. PER OWOADE JCA
JOINDER OF PARTIES IN DIVORCE PETITIONS- HOW DECIDED
“The issue of joinder of parties in divorce petitions is not decided by the reliefs claimed. See Section 32(1) Matrimonial Causes Act but rather it is decided by what led to the Divorce Petition.” PER AKAAHS JCA
CASES CITED
Chief Ekpere & 3 Ors vs. Chief Odaka Aforije & 4 Ors (1972) 3 SC 117Ebe v Ebe (2004) 3 NWLR (Pt. 860) 215Emmanuel Babayelu & 1 Ors vs. Chief Emmanuel Oyedele Ashamu & 1 Or (1998) 7 SC 156 at 166Oduola vs. Coker (1981) 5 SC 197 Uku & Ors vs. Okumagba (1974) 3 SC 35
STATUTES REFERRED TO
Matrimonial Causes Act, 1990The 1999 Constitution of the Federal Republic of Nigeria
