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 …

OKORO V. OKORO

OKORO
V.
OKORO