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CaseLaw

Mayaki V.Nda (1993) CLR 4 (E) (CA)

Brief

  • Meaning and duration of Iddah,
  • Matrimonial causes,
  • Judicial separation under Islamic law,
  • Period of gestation under Islamic law

Facts

The facts leading to this appeal emerged from the Bacita Area Court where the respondent herein sued the 1st appellant claiming the paternity of her twins. On appeal, the Upper Area Court Ilorin ordered a retrial before the Lafiagi Area Court. At the retrial before the Lafiagi Area Court, the Respondent herein as plaintiff called 3 witnesses while the appellant herein called one witness now the 2nd appellant. It will be recalled that before this suit, the 1st appellant had sued the respondent for divorce at the Bacita Area Court which was granted by the court on 28/2/84. A medical report was issued by Shanga Medical Centre on 30/4/84 (i.e. during the period of Iddah). Following the divorce, the 1st appellant contracted a new marriage with the 2nd appellant on 3/5/84 and the 1st appellant gave birth to twins on 26/10/84. (Vide Exhibit D). Thus, from the date of divorce to the date of 1st appellant's marriage to the 2nd appellant was 64 days or 9 weeks or 2 months four days. Similarly from the date of the 2nd marriage to the delivery of the twins was 176 days or 25 weeks an done day while from the date of divorce to the delivery of the twins had 240 days or 34 weeks 2 days between them. It suffices to say that at the trial of the disputed paternity claim at Area Court Grade II Lafiagi, the plaintiff/respondent called 3 unimpeachable witnesses to prove his claim while the 1st appellant called one impeachable witness (i.e. the 2nd respondent) to prove her claim. The 2nd appellant did not call any witness. At the end of the trial, the Lafiagi area court presided over by Alhaji Mohammed Dangana awarded the twins to the Respondent. Dissatisfied with this decision, the appellant appealed to the Kwara State Sharia Court of Appeal which dismissed the appeal and affirmed the judgment of the trial Lafiagi Area Court. Again dissatisfied with the Sharia Court of Appeal judgment, the appellant has appealed to this court

Issues

  • 1.
    Whether the Islamic marriage contracted between the 1st appellant and...
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