MAINTENANCE ORDERS ACT

Section 6: Power of court to confirm maintenance order made in England or Ireland.

1921Section 6 of 12Federal Republic of Nigeria

(1) Where a maintenance order has been made by a court in England or Ireland, and the order is provisional only and has no effect unless and until confirmed by a court in Nigeria, and a certified copy of the order, together with the depositions of witnesses and a statement of the grounds on which the order might have been opposed has been transmitted to the President, and it appears to the President that the person against whom the order was made is resident in Nigeria the President may send the said documents to a magistrate with a requisition that summons be issued calling upon the person to show cause why that order should not be confirmed, and upon receipt of such documents and requisition the magistrate shall issue such a summons and cause it to be served upon such person.
(2) A summons so issued may be served in Nigeria in the same manner as if it had been originally issued or subsequently endorsed by a court having jurisdiction in the place where the person happens to be.
(3) At the hearing it shall be open to the person on whom the summons was served to raise any defence which he might have raised in the original proceedings had he been a party thereto, but no other defence, and the certificate from the court which made the provisional order stating the grounds on which the making of the order might have been opposed if the person against whom the order was made had been a party to the proceedings shall be conclusive evidence that those grounds are grounds on which objection may be taken.
(4) If at the hearing the person served with the summons does not appear, or on appearing fails to satisfy the magistrate that the order ought not to be confirmed, the magistrate may confirm the order either without modification or with such modifications as to the magistrate after hearing the evidence may seem just.
(5) If the person against whom the summons was issued appears at the hearing and satisfied the magistrate that for the purpose of any defence it is necessary to remit the case to the court which made the provisional order for the taking of any further evidence, the magistrate may so remit the case and adjourn the proceedings for the purpose.
(6) Where a provisional order has been confirmed under this section, it may be varied or rescinded in like manner as if it had originally been made by a magistrate, and where on an application for rescission or variation the magistrate is satisfied that it is necessary to remit the case to the court which made the order for the purpose of taking any further evidence, the magistrate may so remit the case and adjourn the proceedings for the purpose.
(7) Where an order has been so confirmed, the person bound thereby shall have a right of appeal to the High Court of the State or part of the Federation concerned against the confirmation of the order, provided that the order confirmed is one against which such person would have a right of appeal in England or Ireland.

Cite this section

Section 6, MAINTENANCE ORDERS ACT (1921).

https://repo.podus.ai/laws/maintenance-orders-act/section/6/