RATIO DECIDENDI 1. COURT - DUTY OF COURT: Courts duty to order and assess maintainance of a wife and child. "Section 70(a) gives the Court the discretionary power to order and assess maintenance of a party, it is not likened to a claim for special damages where the claimant must strictly prove his entitlement to such award before same can be awarded by the court as submitted by the appellant's Counsel." The Matrimonial Causes Act Cap 220 LFN 1990 provides for the principles to guide the Court in assessment of maintenance under Section 70 thus:- "(1) Subject to this Section, the Court may, in proceedings with respect to the maintenance of a party to a marriage, or of children of the marriage, other than proceedings for an order for maintenance pending the disposal of proceedings, make such order as it thinks proper, having regard to the means, earning capacity and conduct of the parties to the marriage and all other relevant circumstances. (3) The court may make an order for the maintenance of a party notwithstanding that a decree is or has been made against that party in the proceedings to which the proceedings with respect to maintenance are related." Per ABOKI, J.C.A. (P. 15, paras. B-G) (...read in context) 2. INTERPRETATION OF STATUTE - MATRIMONIAL CAUSES ACT: Interpretation of Section 70(1) of the Matrimonial Causes Act "A literal interpretation of Section 70(1) of the Matrimonial Causes Act will reveal that the sum to be awarded for maintenance of a wife and child of the marriage

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