Pleadings in matrimonial causes and verifying affidavit: A review of the case of Omogiate V Omogiate (2021) Lpelr 56018 (CA)

Abstract

The Matrimonial Causes Rules require that all pleadings should be verified by an affidavit by the party settling the pleadings-the petitioner, respondent, and cross-petitioner and cross- respondent. What is the nature of the verifying affidavit that will ensure compliance with the provisions of the law and what is the effect of non-compliance? This article examines the nature of a verifying affidavit and effect of non-compliance in view of recent pronouncements by the courts on the issue of noncompliance. A further confusion is introduced by the recent decision of the Court of Appeal in the case of Omogiate v Omogiate on dispensing with verifying affidavit in a cross petition. This article analyses the case and states that the decision was arrived at per incuriam. While the shift from strict technicality is welcomed on the position of a verifying affidavit on the petition within the meaning of Order V Rule 10 of the Matrimonial Causes Rules, all pleadings in a matrimonial cause must be verified by affidavit.