High Court rules on long-standing matrimonial dispute

Background of the case

The High Court of Justice, Family Division, presided over by Sir Jonathan Cohen, delivered a judgment on 12 December 2024, concerning a long-standing matrimonial dispute between Nneka Mercy Ogbedo and Moses Oghenerume-Taiga. The case, which spanned over two decades, involved complex litigation across both England and Nigeria.

The parties involved

The applicant, Ms Ogbedo, sought a nullity order on the grounds of a purported customary marriage ceremony in 2002. The respondent, Mr Oghenerume-Taiga, contested this, arguing that no valid marriage ceremony had occurred. The case was further complicated by Mr Oghenerume-Taiga's prior statutory marriage in Nigeria, which legally precluded any subsequent customary marriage.

Legal proceedings

Litigation between the parties began in 2003 when Ms Ogbedo filed a divorce petition in England, claiming a marriage under native law and custom in Nigeria. This was followed by multiple petitions and amendments, leading to a series of legal battles in both England and Nigeria. The Nigerian courts ultimately found no valid marriage ceremony had occurred, a decision upheld by the Nigerian Court of Appeal.

High Court's decision

Sitting in the High Court, Sir Jonathan Cohen was tasked with determining whether to strike out Ms Ogbedo's application for nullity. The court considered the extensive history of the case, including previous judgments and the Nigerian Court of Appeal's findings. Sir Jonathan Cohen concluded that the application was an abuse of process, given the lack of new evidence or legal grounds to revisit the issue.

Key legal principles

The judgment highlighted the principle of comity, respecting the decisions of foreign courts, and the inherent power of the court to prevent abuse of its process. The court found that Ms Ogbedo had ample opportunity to establish her case in Nigeria and that revisiting the matter in England would be unjust to Mr Oghenerume-Taiga.

Implications for the parties

The dismissal of the nullity application effectively closed the door on Ms Ogbedo's claims of a customary marriage, reinforcing the Nigerian court's findings. This decision also underscored the importance of finality in litigation and the challenges of relitigating issues across jurisdictions.

Conclusion

The High Court's ruling serves as a reminder of the complexities involved in international matrimonial disputes and the need for clear legal strategies when navigating such cases. It also highlights the court's role in ensuring that its processes are not misused to prolong litigation unnecessarily.

Learn More

For more information on international family law, see BeCivil's guide to UK Family Law.