IBEABUCHI
V.
IBEABUCHI

(2016) JELR 48635 (CA)

Court of Appeal 31 Mar 2016 Nigeria
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- This is an appeal against a judgment of the Kano State High Court in a divorce case. - The appellant filed a petition seeking dissolution of the marriage and damages for adultery. - The respondent filed a reply and cross-petition seeking

Case Details

Suit Number:CA/K/322/2012
Judges:IBRAHIM SHATA BDLIYA JCA HABEEB ADEWALE OLUMUYIWA ABIRU JCA AMINA AUDI WAMBAI JCA
Counsel:M. N. Duru Esq. For the Appellant; Nelson Uzuegbu Esq. For the Respondent.

IBRAHIM SHATA BDLIYA, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the Kano State High Court of Justice in suit No. K/410/2005 delivered on the 30th of March, 2012 by BAYERO, J. The appellant (Mr. Alexander Ibeabuchi) filed the petition against the respondent (Mrs. Nneka lbeabuchi) on the 8th of June, 2005.

The petition was amended on the 22nd of May, 2006. The petition was predicated on these grounds:

"(i) The marriage between the petitioner and the respondent has broken down irretrievable.

(ii) The marriage between the petitioner and the respondent has broken down irretrievably on the ground that the Respondent has willfully and persistently refused to consummate the marriage.

(iii) The respondent has behaved in such a way and manner that the petitioner cannot reasonably be expected to live with the respondent."

The appellant (as petitioner) sought the following reliefs:

"(i) A decree of dissolution of the marriage

(ii) Exemplary and aggravated damages of ₦…

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