ADEYEMI & ORS. V. BAMIDELE & ANOR.

• Pages: 26-32

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NIGERIAN SUPREME COURT CASES

[1968] N.S.C.C.

done in this case, it might have cleared the Judge's mind that the separation which

took place in 1960 was with an

animus deserendi

on the part of the respondent.

The petitioner, who incidentally is a legal practitioner, referred us to the case

of

Buchler v. Buchler

(1947) 1 All E.R. 319. We have examined the report in this

case and we fail to see its relevancy to the present case. It was the case of a hus-

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5

band who persisted in an association, which was in no way sexually improper with

one of his male farm hands to the exclusion of his wife and refused to counten-

ance the objection of his wife who was so distressed about the association and

the comments of friends, neighbours and villagers. She eventually left him. On

the wife's petition and the husband's cross- petition for divorce on the ground of

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10

desertion, the Court of Appeal held that while the husband's conduct, no doubt,

caused the wife intense unhappiness and was such that no decent man would have

been guilty of it, it did not justify her in treating it as a dismissal from the consor-

tium and in leaving the matrimonial home. Her petition was refused the the hus-

band was granted a decree nisi.

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15

We have examined the judgment in

Sowande v. Sowande

FSC.130/1962 de-

livered in this court on 28th June, 1963, to which the petitioner also referred us,

and we are of the view that this case does not help to advance his case any fur-

ther. In Sowande's case unlike the present, the

factum

and the

animus

on the part

of the wife who was charged with desertion was proved.

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20

We agree with the judgment of the court below and we dismiss this appeal.

Appeal

dismissed.

25

ADEYEMI & ORS. V. BAMIDELE & ANOR.

1.

ADERINOLA ADEYEMI

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30

2.

JEJELOLA ADEYEMI

3.

MORILI ADEYEMI By their next friend

4.

MUFUTAU ADEYEMI Aderinola Adeyemi

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APPELLANTS

5.

IDIATU ADEYEMI

6.

AWULATU ADEYEMI

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35

7.

AKINADE ADEYEMI

V

1.

ALHAJI SHITTU BAMIDELE

2.

SHITTU ALAKA

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RESPONDENTS

SUIT NO. SC 675/1965

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40

SUPREME COURT OF NIGERIA

COKER,



J.S.C.

LEWIS,



J.S.C.

MADAR I KAN ,



J.S.C.

31st January, 1968.

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Civil Actions - Fatal Accident - Claims by wives and children - Marriage under

Native Law and Custom - Marriage to be proved as a matter of fact -

Children acknowledged by deceased - Whether illegitimate - Yoruba Customary

Law.

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50

ISSUES:

1. When, and how, must customary law be proved.