MOHAMMED L. GARBA, JCA (DELIVERING THE LEADING JUDGMENT): The Appellant had presented a petition for the dissolution of his marriage with the Respondent at the High Court of Akwa Ibom State, sitting at Eket, or grounds of cruelty, intolerable behavior, scandal, incompatibility or irreconcilable differences leading to the irretrievable break down of the marriage. On her part, the Respondent answered the petition and cross petitioned against the Appellant who replied and also answered the cross petition. The petition and cross petition proceeded to trial during which each of the parties testified in support of his/her case, and final addresses were filed and adopted by learned counsel for the parties. On the 8/2/2012, the High court delivered its judgment, dismissing the Appellant's petition, allowed the cross petition by the Respondent and dissolved the marriage by a decree Nisi. Custody of the two (2) children was granted to the Respondent with unrestricted access to them by the Appel…
ELUWA
V.
ELUWA
(2013) JELR 35351 (CA)
Court of Appeal 3 Dec 2013 Nigeria
BriefBot Summary
- The Court of Appeal dismissed the appellant's appeal against the High Court's dissolution of marriage, custody, and maintenance orders, holding that despite defects of form, the appellant’s petition and evidence were considered and found
Case Details
Suit Number:CA/C/180/2012
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria
J.C.A. Justice of The Court of Appeal of Nigeria
UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria
ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Counsel:Chief Ansalem Eyo with A. M. Owurre For Appellant
Livinus Udofia For Respondent
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