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CaseLaw

Odive V. Obor (1974) CLR 2(d) (SC)

Judgement delivered on February 21st 1974

Brief

  • Preliminary objection to jurisdiction of court
  • Matrimonial causes act
  • Pleadings

Facts

The relevant facts are that the plaintiff averred in his Statement of Claim that in 1949 he was married to the 2nd defendant according to customary law, followed in 1950 by a marriage between the same parties under the Marriage Act, Cap. 115 of the Laws of Nigeria. The plain¬tiff also stated that all the four children born to him by the 2nd defendant were the issues of the marriage. Counsel for the defendants raised a preliminary objection in the following terms:

“I wish to raise a preliminary objection with respect to the claim -

  • 1
    Return of children. It ought to be by way of petition since marriage under the Act is foundation of the claim
  • 2
    Return of children. It ought to be by way of petition since marriage under the Act is foundation of the claim

    • the learned Trial Judge, after listening to both sides in respect of the object, gave an adjourned ruling on June 6, 1973, in which he upheld the objection and struck out the case.

    Against this ruling, the plaintiff/appellant has appealed

Issues

Whether a claim for return of children and loss of their services is a...

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