- Opatola Victor, Esq.
I was at Court of Appeals recently for a matter, a separate matter was heard before mine.
The matter was about a wife claiming 2 million Naira for husband’s adultery.
She sue’s both the husband and the lady he committed adultery with.
The trial Court held in her favour.
The husband married the wife(Mrs A) under the Act.
The husband after a few years abandoned the wife and impregnated another lady (Lady B).
The child born out of wedlock (by Lady B) bears the man’s name and the man lives with lady B.
The wife( Mrs A) sued the husband for desolution of marriage and adultery, and also sued lady B along.
The court decided in the the wife’s favour and ordered the wife (Mrs. A) be paid the sum of 2 million Naira as damages for adultery.
See section 31 matrimonial causes Act.
If the act of adultery happened more than three years before suing in Court, the court will not grant it.
Where the act of adultery is a continuous one, the three year rule above ‘may’ not apply.
If the party claiming that the other party has committed adultery has actually condoned the act at any point, the claim for damages will not hold.