In Matrimonial Proceedings, Adultery can be inferred from, inter alia, frequent visits to hotels  

 

Manuel Akinshola
Joined: 2 years ago
Posts: 183
03/04/2018 4:07 pm  

ADULTERY: How adultery can be inferred

"It is axiomatic that adultery is essentially an act which can rarely be proved by direct evidence. It is a matter of inference and circumstances.

The law has thus set down certain conditions from which adultery can be inferred and these are;

(i) evidence of disposition and opportunity for sexual intercourse with a person other than the spouse;

(ii) general cohabitation - where it is established that there is a state of general cohabitation between a man and a woman, adultery is presumed between them;

(iii) confession and admission of adultery;

(iv) entry in register of birth - entry of birth by the wife which omits the name of the child's father or simply gives a name other than the husband amounts to an admission of adultery; and

(v) frequent visits to hotels - Erhahon Vs Erhahon (1997) 6 NWLR (pt 510) 667 and Alabi Vs Alabi (2008) All FWLR (pt 418) 245."

Per ABIRU, J.C.A. in

MR. ALEXANDER IBEABUCHI v. MRS. NNEKA IBEABUCHI

(2016) LPELR-41268(CA)


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