LEGAL PRINCIPLE: CIVIL PROCEDURE – Proceedings in Chambers – Matrimonial Causes – Dissolution of Marriage Must Be Heard in Open Court
PRINCIPLE STATEMENT
Although section 103(2) of the Matrimonial Causes Act seems to vindicate Order 1 rule 9(1) of the Matrimonial Causes Rules, the intention of both the Act and the rules is that proceedings for a decree of dissolution of marriage should be heard in public. This is clear from a community interpretation of section 103(1) of the Act and Order 1 rule 9(4) of the rules. The legal effect of all the above analysis which sound abstract and technical is that the procedure the learned trial Judge was led to adopt violated or infringed the provisions of both the Act and the rules.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Menakaya v. Menakaya (2001) NLC-1691996(SC) at pp. 12–14; Paras B–A.
"Although section 103(2) of the Matrimonial Causes Act seems to vindicate Order 1 rule 9(1) of the Matrimonial Causes Rules, the intention of both the Act and the rules is that proceedings for a decree of dissolution of marriage should be heard in public. This is clear from a community interpretation of section 103(1) of the Act and Order 1 rule 9(4) of the rules. The legal effect of all the above analysis which sound abstract and technical is that the procedure the learned trial Judge was led to adopt violated or infringed the provisions of both the Act and the rules."
EXPLANATION / SCOPE
Proceedings for dissolution of marriage must be heard in open court, not in chambers. Despite provisions that might suggest otherwise, a “community interpretation” of the Matrimonial Causes Act and Rules reveals the clear intention that matrimonial causes be heard publicly. Hearing a dissolution in chambers violates both the Act and the Rules. The principle of open justice applies to matrimonial causes. The public has an interest in the administration of justice in family matters. A decree of dissolution obtained through a chambers hearing is irregular and may be set aside. The requirement protects transparency and prevents abuse. Parties cannot consent to a procedure that violates statutory requirements.