and renting the other. Learned Counsel argued that there was no evidence of
receipt of such rent or amount. He queried the basis upon which the Court
believed that the Appellant is deriving income from such house.
Adekola Mustapha submitted that the learned trial Judge did not properly
evaluate the evidence before him. He further submitted that this is a proper case
for the Court to intervene. He cited the cases of:
Chime v. Ndu (1993) 3 NWLR Pt.227 and Adegboyega v. Awe (1993) 3 NWLR Pt.
286 page 224 where he said the Court held that where findings of facts by a trial
Court are not supported by evidence and are therefore perverse it will be
appropriate and proper for the Appellate Court to interfere with such findings and
reverse them.
Learned Counsel said the contention of the appellant is that both he and the
Respondent are working and that since the Respondent is the one managing the
business he set up for her where she admits making an average income of
N25,000.00 per month, then he, the appellant should not be made to make any
further financial contribution to the only child of the marriage and particularly the
Respondent taking into consideration his earning capacity.
Adekola Mustapha urged the Court to resolve the issue in favour of the Appellant
and set aside the orders of maintenance awarded against the Appellant.
Maintenance means the provision made by a man for a woman who was formerly
his wife. See Hayes v. Haves (2000) 3 NWLR Pt. 648 page 276 at 293-294.
Maintenance is intended to provide for the needs of the wife and not to mark
disapproval of the husband's conduct. However the misconduct of the wife may
be treated as relevant to her claim for maintenance in certain circumstances.