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ODUCHE
V.
ODUCHE

(2005) JELR 45248 (CA)    

Court of Appeal  ·  CA/A/70/2003 ·  29 Jun 2005 ·  Nigeria
 · 
Other Citations
Oduche v. Oduche (2006) 5 NWLR (Pt. 972) 102
FBN Plc. v. Onukwugha (2005) 16 NWLR (Pt. 950) 120
CORAM
IBRAHIM TANKO MUHAMMAD JCA ZAINAB ADAMU BULKACHUWA JCA OLABODE RHODES-VIVOUR JCA

Ratio Decidendi

Core Terms Beta
learned trial judge
children of the marriage
high court of the federal capital territory
evidence act
custody of afam
following orders
see exhibits b1
leading judgment
matrimonial causes act
medical test
matrimonial home
considered judgment
trial judge
grounds of appeal
new surnames
rule of law
respect of those matters
exhibits b-b14
respondent
support of his case
judgment of the trial court
examination of the issues
appellant's brief
issues
extraneous matters
evidence
legitimate son of the man
divorce proceedings
father of the children of the marriage
firm view
appellant
medical examination
custody of afam oduche
particular time
various schools
custody of echezona afamefuna ejike oduche
dissolution of the marriage
big boy
section
order
circumstances of the case
complete agreement
said child
j1 show
children
brief background of the facts
determination of the appeal
marriage
counsel
medical tests

OLADOBE RHODES-VIVOUR JCA (DELIVERED THE LEADING JUDGMENT): The respondent commenced divorce proceedings against his wife, the appellant, before the High court of the Federal Capital Territory, holden at Gwagwalada, Abuja. He petitioned the court to dissolve his marriage with the appellant contracted on the 8th day of September, 1984. His ground for the petition was that the marriage had broken down irretrievably in that the appellant deserted him and committed adultery. The respondent further claimed for custody of the three children of the marriage, and an order directing the appellant to revert the new surnames given to the children by her in their various schools to their real surname - Oduche.

The appellant in her answer to the 2nd amended petition filed a further amended answer and cross petition seeking a dissolution of the marriage on the ground of living apart for a continuous period of three years, immediately preceding the presentation of the petition. In addition the return…

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