Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



EIGBE
V.
EIGBE

(2012) JELR 46162 (CA)    

Court of Appeal  ·  CA/L/351/2010 ·  4 Dec 2012 ·  Nigeria
CORAM
AMINAT ADAMU AUGIE Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
respondent
court
lower court
issue no.
appeal
trial court
children of the marriage
learned trial judge
decree of dissolution of marriage
issue
issues
text message
welfare department
custody of the children
part of the court
record of appeal
supreme court
appellate court
decision of the lower court
grounds of appeal
issue no.1
matrimonial causes act
matrimonial causes act cap m7
notice of appeal
part of the judgment
preponderance of evidence
actual fact
a.g. ogun state v
case of adultery
circumstantial evidence
direct evidence
eigbe regina otibhor anuoluwapo
email conversation
final elf
high court of lagos state
important consideration
leading judgment
leads girls school
learned counsel
legal process
methodist church
order of this court
respect of the said property
said concubine
sidi dauda bage
specified person
sufficient evidence
summary of the background facts
supreme court state

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice E. O. Williams-Dawodu (Mrs.) sitting at the High Court of Lagos State, Ikeja Judicial Division, delivered on the 29th of December, 2009 in which the Appellant was the petitioner. The notice of Appeal filed by the Appellant to initiate this action is dated 4th January, 2010 and contains five (5) grounds of appeal.

The summary of the background facts to this action is as follows:-

The Appellant married the Respondent in the year 1991, and they wedded in the Methodist Church, Oshodi: They have two (2) children of the marriage, Eigbe Regina Otibhor Anuoluwapo born on the 23rd day of November, 1994 and Eigbe Obehi Opeoluwapo born on the 24th day of February, 1997. In the year 2001, the Respondent started misbehaving in such a way that the Appellant could not condone it. The Appellant claimed that the Respondent was keeping concubine while he was on transfer by his company. The…

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