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Lawrence Olu-Ibukun & Anor v. Adesola A. Olu-Ibukun.

(1974) JELR 45202 (SC)

Supreme Court  •  SC.200/1973  •  8 Jan 1974  •  Nigeria

Coram
GOERGE B. A. COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In Suit No. WD/32/72 filed in the Lagos High Court, the petitioner, now respondent, petitioned for the dissolution of her marriage to the respondent. In the said petition she also payed inter alia,

"that she may have alimony pending suit, maintenance, maintenance for the children, and a secured provision."

Paragraphs 8, 10(c) and 11 of the Petition read:

"8. That the respondent who is a physicist and educationist and former don at the University of Ibadan and holder of a Ph.D. degree is at present Chief of Mission for Africa under U.N.E.S.C.O. and earns a basic salary of over 10,000 (tax free) in terms of Nigerian currency.

10(c) At present the respondent does not maintain the petitioner at all and in so far as the children of the marriage are concerned he only pays their school fees.

11. That the marriage between the petitioner and the respondent has broken down irretrievably."

While admitting in his Answer to the Petition th…

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