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

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