rent for the said second house is a fact within the personal knowledge of the
Respondent which he ought to have disclosed to the Court but he did not.
In its assessment of the means of the parties the trial Court observed this non
disclosure of the rent generated by the Respondent from the second house and
said:"The shop the Respondent opened up for the Petitioner is solely run by Petitioner
and proceeds are still collected by the Petitioner, there is no evidence of the rent
generated by the Respondent from his second house before this Court In light of
the foregoing considerations, the Respondent is hereby ordered to pay the sum of
N40,000,00 (Forty Thousand Naira) per quarter toward the upkeep of the only
child of the marriage. Respondent is further ordered to pay the sum of N25,000
(Twenty-five Thousand Naira) per term for Oluwaseyi's school fees. He shall be
financially responsible for her education up to tertiary level."
Considering the inflationary regime in this country vis-a-vis the depreciating value
of the Naira, I am of the opinion that the maintenance assessment made by the
trial Court was very fair.
The Appellant has presented nothing of value in this Appeal to satisfy the
condition of the law for setting aside the Orders of maintenance awarded by the
trial Court.
The Matrimonial Causes Act provides under Section 73 thus:"The Court shall not make an order increasing or decreasing an amount ordered
to be paid by an order unless it is satisfied (a) that, since the order was made or last varied, the circumstances of the parties
or either of them, or of any child for whose benefit the order was made, have
changed to such an extent as to justify its so doing; or
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