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(2021) JELR 108858 (CA)    

Court of Appeal  ·  CA/A/866/2018 ·  7 May 2021 ·  Nigeria
Rita Nosakhare Pemu JCA Hamma Akawu Barka JCA Ebiowei Tobi JCA

Ratio Decidendi

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): At the initial stage, love joined two young Medical Practitioners, Dr. Kenenna Obiatuegwu of Sally-Best Estate, Lugbe Abuja to Dr. Chiemele Onwasigwe, now of the College of Medicine, University of Nigeria Teaching Hospital, Ituku-Ozalla, Enugu State. On the 10th day of August, 2013, the two Medical Practitioners yielded to their hearts’ desire when they eventually got married at the Cathedral of Good Shepherd Independent Layout, Enugu.

Records show that the Petitioner after the marriage continued to live in Abuja, the nation’s capital city, while his wife the respondent lived with her parents in Enugu. Things got sour in the course of the marriage, leading the Appellant on the 6th of October, 2017 to initiate a petition for a decree of judicial separation over the marriage contracted between the parties as afore stated, before the Enugu State High Court sitting in Agboni in petition No HAGB/73D/2017; Dr. (Mrs.) Raluchukwu C. …

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