NASIRU TIJANI & CO
Legal Practitioners, Arbitrators, Notaries Public

ARTICLE DETAILS

FORM OF VERIFYING AFFIDAVIT IN A MATRIMONIAL CAUSE - SUBSTANTIAL OR STRICT COMPLIANCE
Posted: May 5 2019 11:34AM
A petition in a matrimonial cause is to be verified by an affidavit at the time of filing the petition. However, the Matrimonial Causes Rules do not provide the format for the verifying affidavit. The courts have held in several cases, 
 
relying on Order V Rule 10 of the Rules that the verifying affidavit „shall be written on the petition‟ before the petition is filed otherwise the petition shall be incompetent, null and void. This article argued that the verifying affidavit 
 
need not be on the petition but may be in a separate process duly sworn and filed along with the petition. It is argued that the recent cases of Odusote v. Odusote which supports this position is to be preferred to earlier author.
 
Download complete article




REALIZE YOUR CONSTITUTIONAL RIGHT

WITH OUR TEAM OF LEGAL PROFESSIONALS



CONTACT US

Plot 9, Ladipo Oluwole Street
Off Adeniyi Jones
Ikeja, Lagos
Email: info@nasirutijaniandco.com, nasiru_tijani@nasirutijaniandco.com
Phone Lines: +234-8023198010, +234-8036896134