EXPLORING THE LEGAL PROTECTION FOR CONTRACT MARRIAGE IN NIGERIA: AN ARGUMENT FOR PUNITIVE DAMAGES

ANEKEAJAGU, GREAT EZINNE (2026) EXPLORING THE LEGAL PROTECTION FOR CONTRACT MARRIAGE IN NIGERIA: AN ARGUMENT FOR PUNITIVE DAMAGES. Other thesis, Godfrey Okoye University, Enugu.

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Abstract

Marriage contract is happens to be one that is easily manipulated, these are evidenced in the statistical analysis of divorce cases in the Nigerian courts; and Nigeria's ranking of divorce cases globally. Majority of this Matrimonial cases, which was instituted because of breach of marriage contract often result to tort (emotional, verbal or mental abuse; torture) or crimes (such as: domestic violence, marital rape, cruelty, etc.) Although, the court is been sought to as the final hope of the common masses for enforcement of justice, however this justice that the litigants bear in mind in approaching the intention of the court, is however denied of them. As the Nigeria Judicially Precedents aren't in support of the application of punitive damages in marriage contract. Therefore, allowing the perpetrators to go scot-free of the torts and crimes committed in the course of breaching the contract by hiding behind the Judicial Precedents of unenforcement of punitive damages in marriage contracts in Nigeria; and the Law of Contract that generally prevents the application of punitive damages in contractual cases. Consequently, the rate of crimes and torts that emanate from breaches of marriage contract is indeed on the high rise as the law is been manipulated and used as an engine for fostering crimes. But unfortunately, this study has identified this loophole in the law and tends to remunerate by establishing a well-grounded argument backed up with laws and authorities to call for a need to inculcate punitive damages into the awards of breach of Marriage contract resulting from torts and crimes. Thereby drawing the attention of both the Nigeria Legislature and Judiciary to view law from a jurisprudential angle of societal dynamity which calls for deterrence and not only compensation.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: COMFORT AJALA
Date Deposited: 24 Jul 2026 13:19
Last Modified: 24 Jul 2026 13:19
URI: http://eprints.gouni.edu.ng/id/eprint/5982

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