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CaseLaw

Olu-Ibukun V. Olu-Ibukun (1974) CLR 2(b) (SC)

Judgement delivered on February 8th 1974

Brief

  • Family law
  • Dissolution of marriage
  • Alimony pendent elite
  • Matrimonial causes decree

Facts

A petition was filed in the Lagos High Court for dissolution of marriage. Contained in the petition were prayers for alimony pendente lite, maintenance for her and the children.

The Court treated the application for alimony pendente lite made under S.70(2) of the Matrimonial Causes Decree, 1970, as if it was made under the English Matrimon¬ial Causes Act, 1950. The Judge also considered conflicting affidavits without taking oral evidence and awarded a sum as alimony pendente lite.

Issues

  • 1
    Whether a trial Judge can make findings of fact based on the conflicting...
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