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AKINYEMI
V.
AKINYEMI AND ANOR

(1963) JELR 39910 (SC)

Supreme Court 25 Nov 1963 Nigeria
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- The appellant petitioned for dissolution of marriage on grounds of the respondent’s adultery and cruelty; the respondent cross-petitioned on similar grounds, both petitions being dismissed at trial. - The trial court found clear evidence

Case Details

Suit Number:F.S.C.303/62
Judges:JOHN IDOWU CONRAD TAYLOR Justice of The Supreme Court of Nigeria BAIRAMIAN Justice of The Supreme Court of Nigeria Morgan Justice of The Supreme Court of Nigeria
Counsel:nill For Appellant C. Egerton Shyngle, Q.C ( with him, O.O. Rhodes) For Respondent
Other Citations:(1963) All N.L.R 346

MORGAN, Ag. J.S.C. (Delivering the judgment of the Court):- The appellant filed a petition against his wife in the court below praying for the dissolution of their marriage on the grounds of his wife's adultery with the correspondent and cruelty. The respondent cross-petitioned for the dissolution of the marriage on the same grounds of adultery and cruelty and cited one Clementine Ngozi Usuma as the woman with whom her husband committed adultery. Both the petition and the cross-petition were dismissed by Mr. Justice Coker on the 18th day of August, 1961.

According to the evidence before the court below, the relationship between the two spouses at the material time had become very bad. Then, on the 28th May, 1960, the petitioner came to Lagos from Ibadan. On his arrival, he received certain information concerning his wife and, in consequence of it, started to look for her. At about 1.30 a.m. he returned home to 39 Jebba Street, Ebute Metta, where his wife was living with his mother but…

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