Patrick I. Ugbah V. Mrs Veronica Ugbah & Ors. (2008)

LawGlobal-Hub Lead Judgment Report

DALHATU ADAMU, J.C.A.

The respondents as plaintiffs before the High Court of Lagos State (Lagos Division) sued the appellant by filling a writ of summon and a statement of claim both dated and filed on 9/6/06 claiming the following reliefs:-

“1. An order that at the Defendants expense, the 2nd & 3rd claimants should continue their education in Nigeria or abroad, up to University level and/or adequate professional level, as their capabilities may permit.

2. An order compelling the Defendant to pay N50,000.00 each to the 1st claimant and the 2nd and 3rd claimants every month each comprising the monthly maintenance allowance for the said 1st claimant and monthly welfare/upkeep for the 2nd and 3rd claimants respectively.

3. An order directing the Defendant to get an alternative accommodation for the claimants and/or pay the sum of N250,000.00 every year to the claimants to enable them get a proper accommodation.

4. An order condemning the Defendant in the costs of this suit.” – See the endorsed statement of claim at page 7 of the record of appeal.

On or against the above claims and before the filing of his statement of defence, the defendant/appellant (hereinafter called “the appellant”) filed a notice of preliminary objection dated 10/7/06 and filed on 11/7/06 In which he raised an objection against the competence of the suit and urged the trial Court to strike it out on the ground of lack of jurisdiction on the part of the trial court to adjudicate on the suit. The three (3) grounds of the preliminary objection can be reproduced as follows:

“(1) the claimants are seeking the reliefs of maintenance on the grounds of marital relationship and parental obligation.

(2)the suit can thus only be commenced under the Matrimonial Causes Act.

(3)Rather the suit is commenced by a writ of summons with the statement of claim and governed by the Lagos State Rules of Civil Procedure.”

The preliminary objection was heard by the learned trial judge on the written addresses filed respectively by or on behalf of the parties. In the bench ruling delivered immediately after hearing the oral submissions of learned Counsel for the parties, the trial Court overruled and dismissed the preliminary objection on 9/10/06. Thus the Court held that the suit was properly brought or commenced and it had jurisdiction to hear it.

Being aggrieved and dissatisfied with the above ruling of the trial Court, the appellant filed his appeal to this court against it by his notice of appeal dated 9/10/06 and filed on 11/10/06 containing only one ground of appeal. The appellant in his brief of argument dated and filed in this Court on 23/4/07 framed the following lone or single issue for determination:-

“ISSUE FOR DETERMINATION: WHETHER A SUIT FOR THE RELIEFS OF MAINTAINANCE AND EDUCATION AND WELFARE OF CHILDREN can be commenced under any law other than the Matrimonial Causes Rules 1983.”

In the respondents brief dated and filed on 11/1/08 but deemed properly filed and served by this Court, the above lone issue of the appellant is adopted though reframed and reworded as follows: “whether the trial Court rightly assumed jurisdiction to entertain the suit herein”.