Principles Governing the Grant of Maintenance Order in Matrimonial Causes

CASE TITLE: OMOJAFOR v. OMOJAFOR (2026) LPELR-83400(CA)

JUDGMENT DATE: 23RD MARCH, 2026

PRACTICE AREA: MATRIMONIAL CAUSES

LEAD JUDGMENT: UWABUNKEONYE ONWOSI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Maintenance in Matrimonial Causes.

FACTS:

This is an appeal against the judgment of the High Court of Lagos State sitting at the Lagos Judicial Division, delivered by HON. JUSTICE K.O. Dawodu on the 18th day of May, 2023.

The Appellant and the Respondent contracted a statutory marriage on 15th May, 2010, at a licensed place of worship, St Leo’s Catholic Parish, Ikeja, and the said marriage did not produce any child. Due to rancour and/or misunderstanding between the Appellant and Respondent on the allegations of sexual infertility of the Respondent, the latter, on 23rd December, 2015, deserted the matrimonial house at House 2, HLS Estate, Jemibewon Street, Ogudu GRA, Lagos State. The Respondent (who was the Petitioner at the trial Court) filed a petition dated 26th February, 2020, against the Respondent, seeking dissolution of the marriage.

Upon service of the petition, the Appellant, who was the Respondent at the trial Court, filed an answer and cross-petition dated 5th March, 2021, against the Respondent in this appeal, seeking dissolution of marriage and lump sum maintenance of N20,000,000.00 (Twenty Million Naira, Only).

The trial Court delivered its judgment dismissing the Respondent’s cross-petition and claim for a lump sum maintenance of N20,000,000.00 (Twenty Million Naira, Only). Dissatisfied with the judgment of the trial Court, the Appellant appealed to this Court.

ISSUES FOR DETERMINATION:

The Court determined the appeal on this sole issue:

“Whether this Court exercised its discretion judicially and judiciously in refusing to grant the Appellant’s claim of N20,000,000.00 (Twenty Million Naira Only) for maintenance?”

DECISION/HELD:

In the final analysis, the appeal was dismissed.

RATIOS:         

• APPEAL- FORMULATION OF ISSUE(S) FOR DETERMINATION: Whether a respondent who has not filed cross-appeal against a judgment cannot formulate issues in his brief of argument for the determination of the appeal
• EVIDENCE- CONTRADICTION IN EVIDENCE: Nature of contradiction in evidence that would be fatal to a case or vitiate the decision of a trial Court
• JUDGMENT AND ORDER- SETTING ASIDE JUDGMENT/ORDER: Whether an Appellate Court can set aside the decision of a lower Court which is right but based on wrong reasons
• MATRIMONIAL CAUSES- MAINTENANCE: Principles governing the grant of maintenance order in matrimonial causes
• MATRIMONIAL CAUSES- MAINTENANCE: Provision of the Matrimonial Causes Act with respect to power of Court to make an order of maintenance

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