Before Their Lordships
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Between
PAULINE CHINELO OKWUOSA- Appellant
AND
EMMANUEL AZUBUOBI OKWUOSA –Respondent
…………………….A…………………….
ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal from the judgment of Egbuna, J., in the High Court at Onitsha in which he granted the wife, petitioner, against her husband respondent her prayers for dissolution of marriage, custody of the only child of the marriage and maintenance for both herself and the child. The case originated in the so called “High Court of the Republic of Biafra” to which the wife presented a petition dated June 15, 1967 in consequence of which the court on September 18, 1967 granted an alimony of 320 per month pending the hearing of the suit; the court also made the payment retrospective and affective from June 16, 1967. The respondent, however, defaulted after making two payments to the petitioner and the Judge on December 8, 1969, purported to adjourn the subsequent petition complaining about the failure to pay the alimony till January 29 and 30, 1970. The Civil War, however, ended on or about January 15, 1970, thereby leaving the proceedings pending in the High Court of the illegal regime on that date when lawful authority was re-established over the whole geographical area of the East Central State.
On March 15, 1971, the petitioner purported to take out summons for an amendment under Rule 15(1)(b) of the Matrimonial Causes Rules 1967 and Section 98(2) Matrimonial Causes Decree 1970 seeking leave of the court to amend her petition originally filed in the High Court of the illegal regime, and asking for a number of amendments to be made therein. On March 22, 1971, Egbuna, J., granted the order as prayed, and ordered the amended petition to be filed and served on the respondent. The case was duly heard by the Judge who, on July 7, 1971, purported to grant the prayer for dissolution of the marriage on the ground of cruelty and also the sum of 385 per month to be paid to her for her maintenance and that of the only child of the marriage who is living with the petitioner; the 385 was to supersede the 320 interim alimony with effect from the date when the decree nisi should be made absolute.
