COKER V. COKER

• Pages: 241-242

COKER V. COKER

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241

The Court is of opinion that there was no intention in the Constitution of West-

ern Nigeria (Amendment) Law, 1963, to deprive Alhaji Adegbenro of his costs. His

application succeeds, and it is ordered as follows:

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1.

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That the plaintiff in Suit No. (/161/62, namely the Hon. S.L. Akintola, shall

pay the defendant Alhaji the Hon. D.S. Adegbenro his costs incurred in

the Federal Supreme Court and the sum of £1,140:8s:5d his costs of

appeal incurred in England as his costs in the cause;

2.

That his costs in the Federal Supreme Court be taxed by the Chief

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Registrar of the Supreme Court, and that a certificate thereof as taxed

by him (or finally allowed in case of review) be annexed to this Order;

3.

That the said plaintiff shall pay the said defendant fifteen guineas as costs

of this application, to which shall be added the fees of drawing up this

Order, the costs of taxation and of the certificate thereof;

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4.

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That this Order be carried out by the High Court of the Western Region.

Appeal Allowed.

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COKER V. COKER

VICTOR L.L. COKER

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V

VICTORIA A.A. COKER

SUPREME COURT OF NIGERA

TAYLOR,

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J.S.C.

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BAIRAMIAN,

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J.S.C.

MORGAN, Ag. J.S.C.

28th October, 1963.

APPELLANT

RESPONDENT

SUIT NO. FSC 31

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/

1

963

Appeals - In the Civil Cases - Right of appeal - .Matrimonial Causes

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Order

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for maintenance.

ISSUE:

1. Whether an appeal from an interlocutory order can be entertained without leave

to appeal having first been obirained.

40 FACTS:

The respondent (wife) applied for and was granted an order for permanent

maintenance in the Lagos High Court. The husband appealed against the order.

At the hearing it was objected on the wife's behalf that as no leave to appeal had

been obtained from the interlocutory order, the appeal could not be entertained.

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There was really no argument on the husband's behalf.

CASES REFERRED TO IN JUDGMENT:

1.

In re W.- (Infants)

(1956) 1 Ch. 384.

2.

Bellenden (formerly Satterthwaite) v. Satterthwaite

(1948) 1 All E.R. 343.

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3.

Ude and Ors. v. Agu and Ors.

(1961) All N.L.R. 65.

W.O. Odubayo

for the appellant.

N.A. Lardner

for the respondent.