“It is also settled that a party who intends to prove fraud must plead it expressly and that if he had not done so he will not be allowed to produce evidence which points unequivocally to fraud and nothing else.” Per LIONEL BRETT, JSC in USEN V. BANK OF WEST AFRICA LTD (1965) LCER-346(SC) (Pp…

“…where it is obvious to the Court from the circumstances of the case, or from the material before it, that no further proceedings would help the case, but merely cause unnecessary delay, there is inherent jurisdiction in the Court to refuse an order for pleadings and strike out the claim on submissions made to it.”…

“As a general principle there must be a prayer for judicial separation and if it is sought after hearing has commenced then there ought to be an amendment. It is only in exceptional cases that a judicial separation can be substituted for a decree nisi already granted…” Per IAN LEWIS, JSC in OBAYEMI V. OBAYEMI…

“It is true that in spite of unreasonable delay, the court may grant a divorce having regard to the considerations mentioned in Blunt v. Blunt, [1943] A.C. 517, which are, at p.525- “(a) the position and interest of any children of the marriage; (b) the interest of the party with whom the petitioner has been…

SummaryFull JudgmentSummary BELLO ADELEKE v. BENJAMIN ADEWUSI ADELEKE v. ADEWUSI (1961) LCER-47975(FSC) Case Summary Brief Facts: This appeal borders on Declaration of title to Land. This appeal arises from the judgment rendered by Justice Irwin of the High Court of the Ibadan Judicial Division. At the trial, the appellant asserted that his ancestor, Morolahun, fathered…