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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Judicial concepts of adultery, intolerability and damages in Nigeria
Author:Uzodike, E.N.U.
Periodical:Journal of African Law
Geographic term:Nigeria
Subjects:marriage law
Law, Legal Issues, and Human Rights
Abstract:Under Nigeria's Matrimonial Causes Act (formerly Decree 1970 Laws of the Federation of Nigeria and Lagos) adultery, coupled with intolerability, is one of the listed grounds for divorce the proof of which is proof of 'irretrievable breakdown' of the marriage. The author analyses the judicial meaning of adultery (definition and nature of the act, standard of proof) and intolerability, and examines the concept of damages for adultery and factors considered in awarding damages. She concludes that a number of issues still remain unresolved, such as the degree of proof required for adultery, the question of whether intolerability of life with the respondent should be as a result of the adultery or any other matter, and the question of whether the right to claim damages for adultery is justified. Notes, ref.