2. The Respondent should pay N20,000 (Twenty Thousand Naira) per quarter for
the maintenance of the Petitioner such payment is to cease in the event that she
remarries.
The annual rent of N130,000.00 (One Hundred and Twenty Thousand Naira) paid
by the Petitioner must be jointly borne by the two parties.
The Respondent shall be liable to pay the sum of N65,000.00 (Sixty five Thousand
Naira) per annum towards the Petitioner's house rent provided she remains
unmarried to another man."
The Appellant dissatisfied with the award of maintenance cost against him
appealed to this Court. On 26/1/2010 pursuant to an application dated 4/11/08
and filed 5/11/08, this Court granted the Appellant leave to determine this Appeal
on the strength of the Appellant/Applicant's brief of Argument, the Respondent
having failed to file her Brief of Argument.
The Notice of Appeal dated 26/11/08 and filed on 27/3/2008 contained two
Grounds of Appeal from which one issue is distilled for the determination of this
Appeal. The lone issue reads as follows :"Whether in the circumstance of this case and the evidence adduced at the trial,
the learned trial Judge was right to award maintenance cost for both the child and
the Respondent against him."
Learned Counsel for the Appellant Adekola Mustapha referred the Court to the
Provisions of Section 70 of the Matrimonial Causes Act Cap 220 Laws of the
Federation, 1990.
He submitted that the power of the Court to make an Order with respect to the
maintenance of the children of the marriage shall not be exercised for the benefit