Ratio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 38881 (CA)    

Court of Appeal  ·  CA/B/265/2006 ·  17 May 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
1st respondent
2nd respondent
learned trial judge
lower court
matrimonial causes act
guest house
holy cross catholic church
philomena mbua ekpe
1st respondents behaviour
2nd respondents
breakdown of the marriage
dissolution of the said marriage
following facts
marriage certificate
said marriage
above pieces of evidence
addresses of counsel
adebisi omotola street isolo lagos
ample evidence
apparent disharmony
best thing
common knowledge
conduct of his wife
custody of the children
decree of dissolution of marriage
end of the evidence
facts of the case
final analysis
following reliefs
issue no.
issue of jurisdiction
judgment of the delta state high court
leading judgment
mere fact
moore aseimo abraham adumein
mudashiru nasiru oniyangi
order of award of n1,000,000.00 damages
reason of the fact
respondent committed adultery
spite of the appellants evidence
supreme court guest house
trial judge
village community

PHILOMENA MBUA EKPE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Delta State High Court, Asaba Judicial Division, delivered on the 21st day of June 2005.


On the 12th of November 2003 the Petitioner, who is the Appellant, filed a petition for divorce against the 1st and 2nd Respondents seeking the following reliefs:

a. A decree of dissolution of marriage on the following grounds:

i) That the marriage has broken down irretrievably.

ii) That the 1st respondent committed adultery with the 2nd Respondent and the Petitioner finds it intolerable to live with the 1st Respondent.

iii) That the Petitioner and the 1st Respondent have been living apart for 3 years.

iv) That the 1st Respondents behaviour is so intolerable that the Petitioner cannot reasonably be expected to live with her.

b. An order of award of N1,000,000.00 damages against the 2nd Respondent.

c. An order awarding custody of the children to the Petitioner on the ground that the ch…

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