(b) that material facts were withheld from the Court that varied the order or
material evidence previously given before such Court was false."
In the instant case this Appeal seeks to vary the order of maintenance made by
the lower Court on 18th February, 2008, but the Appellant has not presented
anything before this Court to indicate that since the Order was made the
circumstances by the parties or either of them or of the child for whose benefit
the Order was made have changed to such an extent as to justify this Court
varying the Order of maintenance made by the trial Court.
The Appellant had not also contended at the hearing of this Appeal that material
facts were withheld from the trial Court that made the order or that material
evidence previously given before the trial Court was false.
If any of these circumstances had existed at the hearing of this Appeal, the
Appellant upon an application for leave to adduce fresh evidence would have
been granted an indulgence by this Court. In the instant case if there is any party
that withheld vital material from the trial Court, it is the Appellant because he
refused to disclose the sums generated as rent from his second house. He who
comes to equity must come with clean hands.
I see no merit in this Appeal and it is hereby dismissed. Pursuant to the provisions
of Section 79(a) & (b) of the Matrimonial Causes Act Cap 220 LFN 1990, I hereby
confirm the decision of the trial Court delivered on 18th February, 2008.
I will however not make any order as to cost.
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