ETIM V. ETIM

• Pages: 329-331

ETIM V. ETIM

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329

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ETIM V. ETIM

GRACE OBOT ETIM

V

10 BASSEY ASUQUO ETIM

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N

COKER,

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J.S.C.

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MADARIKAN,

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J.S.C.

22nd December, 1967

APPELLANT

RESPONDENT

SUIT NO. SC 201/1967

Civil Procedure and Practice - Matrimonial Causes - Divorce - Adultery - Prayer

of petition inviting discretion of the court to grant a decree notwithstanding

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petitioner's adultery during marriage cannot be properly treated as an admission

- Cruelty - Corroboration - requirement of corroboration of cruelly in divorce

case is merely a matter of practice and not a rule of law - Where evidence

is one-sided and remains unchallened, the judge having accepted the evidence

was right in holding that cnrelty has been established.

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ISSUES:

1.

Whether the prayer of a petition can be treated as an admission.

2.

Whether judgment of matrimonial offence based on uncontradicted evidence

alone can be allowed to stand.

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3. Whether the requirement of corroboration of cruelty in a divorce case is a matter

of practice or a rule of law.

FACTS:

The husband petitioned in the High Court of Lagos praying for dissolution of

his marriage on the grounds of desertion, adultery and cruelly. The wife filed no

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answer. Consequent upon a preliminary objection raised by learned counsel for

the wife, all allegations of adultery and desertion wer struck out and the matter pro-

ceeded to trial on the ground of cruelty alone.

The wife was absent at the trial but was represented by counsel. The jusband

gave evidence in support of his petition and called his brother as a witness. Neither

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was cross-examined. After the addresses of both counsel, the matter was ad-

journed for judgment. On the 23rd May 1966, the judge entered judgment in fa-

vour of the husband on the ground ot cruelty and ordered the marriage to be

dissolved. The wife filed 3 grounds of appeal against the judgment. At the hear-

ing of the appeal, the 3rd ground was abandoned leaving the first two which are

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quoted in the judgment.

Learned counsel for the appellant submitted that the respondent havcing sought

the 'discretion of the court notwithstanding his adultery etc' has admitted having

committed adultery and that as no discretion statement was filed according to the

Matrimonial Causes Rules, the Court held no material upon which to exercise its

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discretion in favour of the husband.

In reply, counsel for the respondent explained that the solicitor who was in-

structed to file the petition, inadvertently included the words complained of in the

prayer and that the solicitor had no instructions that the husband had committed