Domicile and jurisdiction of courts in matrimonial causes: Matters arising

Abstract

Domicile has been the basis of the jurisdiction of courts in matrimonial causes in many jurisdictions because domicile connects a petitioner to a particular locality. However, the use of domicile is plagued with challenges that have over the years bred inconsistent decisions by the court when determining the personal law that should be applied to a case. This paper examines the concept of domicile, its history and challenges. The problem of adopting domicile as a basis for jurisdiction is also critiqued accordingly. As found, the determination of the intention of the petitioner is important in determining domicile of choice but this intention is subjective and left to a lot of speculation and indiscretion by the courts. Other challenges such as the efficacy of the use of the doctrine of revival, the fairness in attaching domicile in Matrimonial Causes to the Petitioner and the impact on the other aspects of personal law are discussed in this paper. The paper proposes reliance on habitual residence or the terms of written marriage contract as necessary considerations when determining the filing of marital claims in Nigeria.