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OGUNTOYINBO
V.
OGUNTOYINBO

(2017) JELR 38160 (CA)

Court of Appeal 10 Feb 2017 Nigeria
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- The Court of Appeal set aside the High Court’s decree dissolving the marriage, holding that the petitioner failed to prove facts sufficient under Section 15(2)(c) of the Matrimonial Causes Act to establish that the marriage had broken dow

Case Details

Suit Number:CA/I/290/2012
Judges:CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Counsel:A.O. ALABI ESQ. For Appellant NO REPRESENTATION FOR THE RESPONDENT For Respondent

CHINWE EUGENIA IYIZOBA, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice Oyo State holden at Ibadan in Suit No. I/716HD/06 delivered by A.A. Gbolagunte J on the 6th day May, 2011 wherein the learned trial Judge granted the Respondents petition for dissolution of his marriage and dismissed the cross petition of the Appellant. The Respondent who was the Petitioner in the lower Court petitioned the Court for dissolution of his marriage to the Appellant. In paragraph 11 of the Petition he prayed for the following orders:

(a) A Decree of dissolution of the marriage between the Petitioner and the Respondent on the ground that the marriage had broken down irretrievably.

(b) Any further order(s) as the Honourable Court may deem fit to make in the circumstances of this case.

The Appellant filed an answer and a Cross Petition. The orders sought in the Cross Petition are as follows:

(A) The sum of ₦1,000,000.00 (One Million Naira) damages agains…

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