Ratio DecidendiRatio Decidendi


(2006) JELR 40036 (CA)    

Court of Appeal  ·  CA/PH/344/2005 ·  19 Oct 2006 ·  Nigeria
VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
divorce proceedings
trial court
trial judge
learned trial judge
cac uche
oral evidence
matrimonial home
case file
divorce proceeding
magistrate court
record of proceedings
welfare officer
above reason
alleged divorce proceedings
appellant file
award of any court proceedings
calm appraisal of the processes of court
chez akalonu
counsel b.f. omidina
dates of the process
facts of the earlier proceedings
file of the welfare officer
florakenneth ariolu
honourable justice p.g. okara
judgment of my brother judge okara
kenneth chikwe ariolu
leading judgment
matrimonial causes act rule
order of decree absolute of the marriage
pages of the case file
painted stories of the respondent
paragraphs of affidavit
processes of court
record shows
registry of the high court
reversal of the ruling of the high court
rivers state coram c.i. uriri
said issues
said judgment
service of a document
services of a solicitor
such divorce proceedings
sufficient proof of service of the processes
wife evelyn ariolu

VICTOR AIMEPOMO OYELEYE OMAGE, JCA (Delivered the Leading Judgment): In this appeal, the appellant seeks a reversal of the ruling of the High Court sitting in Port Harcourt, Rivers State coram C.I. Uriri, J the ruling was delivered on 30/7/2004. By the application before Uriri, J, the application sought the setting aside of a divorce proceeding which purportedly took place on 8th November 1985.

The facts of the earlier proceedings are as follows: On 22nd March 1975, the applicant in the application before Uriri, J, entered into a marriage with Kenneth Chikwe Ariolu. At the time the applicant was a spinster. A certificate of marriage under the ordinance was issued to the parties. the children of the marriage were named as

(i) FloraKenneth Ariolu, female born on 10/9/1996,

(ii) Anoriochi Kenneth Ariolu, female, born on 22nd May, 1978, and

(iii) Kinikachi Chijioke Ariolu, male, born on 7/6/1981. After a furious skirmish in the magistrate court in which a welfare officer referred the disag…

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