Learned Counsel submitted that "means of the parties" refer to the respective
capital assets of the parties including contingent and respective assets but
"earning capacity" is based on different factors such as where the husband's
earning capacity is subject to severe fluctuations or where the wife is unusually
efficient and a keen business woman commanding substantial means yet may be
involving to work after the decree, or where the wife is young with no children, or
where the wife is young with children.
He submitted that the learned trial Judge did not advance any cogent reason or
reason at all for making those awards. Adekola Mustapha insisted that Section
70(1) of the Matrimonial Causes Act has given a clear guideline to be followed in
awarding maintenance cost in matrimonial proceedings; which he listed as
follows:
(a) Means of Parties
(b) Earning capacity
(c ) Conduct of the parties to the marriage
(d) Other relevant consideration
Learned Counsel maintained that the Court of Appeal in the case of Damulak v.
Damulak (supra) warned that even where the conduct of the husband is immoral
or perfidious which conduct is objectionable, the wife must be given maintenance
but not to be envied by the reason of that conduct.
In the instant case learned Counsel argued, the Respondent claims that she earns
N25,000.00 monthly unimpaired from the business she runs in the shop while the
learned trial Judge admitted the evidence of the appellant that he earns
N31,000.00 per month as a Civil Servant. He maintained that even according to
the learned trial Judge, the Appellant admitted owning two houses, living in one