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(2021) JELR 109597 (CA)

Court of Appeal 19 Nov 2021 Nigeria
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- The appeal arose from the Edo State High Court's (Abudu Judicial Division) decision striking out the Appellant’s petition for dissolution of marriage as incompetent, and granting the Respondent’s cross-petition, with orders for custody, m

Case Details

Suit Number:CA/B/431/2016
Judges:Biobele Abraham Georgewill, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA
Counsel:S. U. E. Bolabodin for brief of N. Ogbumilo For the Appellant; J. I. Odibeli and Samuel Mac-Ebi with him Rhoda Odediran For the Respondent.

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal stems from the judgment of Hon. Justice A. N. ERHABOR of the High Court of Edo state, Abudu Judicial division, delivered on 20th July, 2016 wherein the petition of the Appellant was struck out for being incompetent and the cross-petition allowed.

The brief summary of the action is thus;

The Appellant filed a petition for a decree of dissolution of the marriage alleging that the said marriage has broken down irretrievably upon the grounds;

Since the marriage, the Respondent has behaved in such a way that the petitioner cannot be reasonably be expected to live with the Respondent.

That the Respondent has deserted the petitioner for a period of at least one year immediately preceding the presentation of this petition, the parties to the marriage have lived apart for a continuous period of at least one year immediately preceding the presentation of this petition and the Respondent does not object to a dec…

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