HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Imo State High Court sitting at Owerri delivered by Anunihu J. on 22/6/09 wherein he granted declaratory and injunctive orders in favour of the Respondent. The facts that led to this appeal are as follows:
The Appellant is Respondent's wife by a statutory marriage contracted on 7/12/1998. The said marriage produced four children and the parties stayed together as a family at Plot 72B Works Road, Owerri. On 13/11/06, the Appellant left the matrimonial home with the four children who were underage. The Appellant relocated to Calabar in Cross River State and stayed with her mother. The Respondent went to Calabar but was not able to see his children or persuade his wife to return to Owerri. He then instituted an action in which he sought the following declarations and reliefs in his amended statement of claim as contained in the judgment at page 179 of the record:
1. Declarat…