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MENAKAYA
V.
MENAKAYA

(1993) JELR 75724 (CA)

Court of Appeal 30 Nov 1993 Nigeria
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- The applicant, Dr. Menakaya, sought to set aside an interim order of the Court of Appeal and to strike out the respondent’s appeal as incompetent, in ongoing matrimonial proceedings before the Onitsha High Court. - The respondent had prev

Case Details

Judges:OKAY ACHIKE, J.C.A. (Presided), AKINTOLA OLUFEMI EJIWUNMI, J.C.A., SUNDAY AKINOLA AKINTAN, J.C.A. (Read the Leading Ruling)
Counsel:Ejike Ume, S.A.N. (with him, P. Chigbata, Esq.) - for the Respondent/Applicant. A.N. Anyamene, S.A.N (with him. Miss E. Onyeama and Mr. F.A.Eneawaji) - for the Appellant/Respondent
Other Citations:(1994) 5 NWLR (Pt. 345) 512

AKINTAN, J.C.A. (Delivering the Leading Ruling): The applicant. Dr. Timothy Ndubisi Menakaya, was the petitioner in a divorce petition now pending before Nwazota, J. sitting in court No. 1, at Onitsha High Court. The present respondent was the respondent in the petition. Mr. Anyamene, S.A.N., learned senior counsel for the respondent had by a letter dated 9th June, 1993 addressed to the Assistant Chief Registrar. High Court. Onitsha, objected to the learned Judge trying the petition and then requested that the matter be transferred to another Judge in the same Judicial Division for hearing. The reasons for making the request are set out in the letter as follows.

"The presiding Judge of Court 1 is a personal friend of the petitioner whom he visits and there is a likelihood he has heard of the matrimonial problems of the parties and it will hurt the respondent the wife of the petitioner that he would be the one to dissolve their marriage when in her view his role would be one under secti…

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