Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OKORO
V.
OKORO

(2009) JELR 50924 (CA)    

Court of Appeal  ·  CA/PH/407/07 ·  28 Oct 2009 ·  Nigeria
CORAM
SULEIMAN GALADIMA JCA (Presided) KUDIRAT M. O. KEKERE-EKUN JCA (Read the Lead Judgment) EJEMBI EKO JCA

Ratio Decidendi

Core Terms Beta
respondent
petitioner
appellant
evidence
learned trial judge
counsel
petition
children of the marriage
cross-petition
matrimonial causes act
issues
trial court
intolerable behaviour
presentation of the petition
amended petition
appellant’s issues
custody of the children
joint custody of the children of the marriage
matrimonial home
respondent’s custody
trial
ambit of section
appellant’s amended brief
considered view
decree of dissolution of the marriage
evidential burden of proof of cruelty
half of each vacation period
laws of the federation of nigeria
school term
such evidence
appellant’s take-home pay
careful examination of the issues
conclusion of the trial
considered judgment
dissolution of his marriage
effective date of an amendment
entire circumstances of this case
female children
following orders
h-c
high court of rivers state
judicial separation of the marriage
leading judgment
maintenance of the respondent
order of court
paragraphs d-e.
properties of the petitioner
provisions of sub-paragraph
respective briefs of argument
unsound mind

KEKERE-EKUN JCA (DELIVERING THE LEADING JUDGMENT): By a petition dated 25 October 2004 filed before the High Court of Rivers State, Port Harcourt Division, the appellant herein as petitioner sought a decree for judicial separation of the marriage between him and the respondent. However, pursuant to an order of court made on 1 March 2006, he filed an amended petition dated 6 March 2006, wherein he amended the relief sought from judicial separation to dissolution of his marriage to the respondent. The grounds for the relief were: that since the marriage the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with her; and that the respondent has deserted the petitioner for upwards of three years immediately preceding the presentation of the petition as amended. He sought the following orders:

(a) A decree of dissolution of the marriage. b. An order that the respondent keep all the properties of the petitioner that she carried away. c. An order …

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