BANKOLE
V.
BANKOLE

(2012) JELR 57716 (CA)    

Court of Appeal  ·  CA/I/211/2006 ·  3 May 2012 ·  Nigeria
CORAM
STANLEY SHENKO ALAGOA (OFR) JCA (Presided) ADZIRA GANA MSHELIA JCA (Read the Lead Judgment) MODUPE FASANMI JCA
Core Terms Beta
petitioner
appellant
case
evidence
learned trial judge
appeal
marriage
evidence act
primary evidence
trial court
judge
marriage certificate
original marriage certificate
public document
ogun state
order of dismissal
true copy
virtue of section
chief judge
lead judgment
original certificate
adduced evidence
best admissible evidence
certified copy
credible evidence
detriment of the appellant
divergence of the evidence
divorce proceedings
fundamental issue
good reason
high court of sagamu
humble view
judgment of majekodunmi j of the high court
justice sagamu
marriage registry
merit of a case
mshelia jca
notice of appeal
order of retrial of an action
original copy of the marriage certificate
original of the marriage certificate
outrageous misunderstanding of section
petitioners case
petitioner tender
plaintiff fails
pointof tendering of document
position of the matrimonial causes act
privilege of readingin draft
second chance

MSHELIA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Majekodunmi J of the High Court of Justice Sagamu, A Ogun State delivered on 9 March 2006. The facts leading to this appeal are that the petitioner/appellant instituted divorce proceedings against the respondent at the High Court of Sagamu, Ogun State on the ground that the marriage has broken down irretrievably. At the expiration of 28 days allowed to the respondent to file her answers to the petition, the petitioner brought an application to have the suit set down for hearing as an undefended suit. Hearing commenced on 1 February 2006, when petitioner gave evidence on his own behalf. It was later adjourned to enable the petitioner tender his marriage certificate, as the one tendered was according to the court a photocopy. At the resumed hearing on 9 March 2006, petitioner tendered the original certificate which the court rejected on the ground that being a public document, only the certified true…

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