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SANNI
V.
MABINUORI

(2014) JELR 42218 (CA)

Court of Appeal 14 Mar 2014 Nigeria
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- The parties married in 1994, had two children, and divorced in 2000 via Lagos State High Court judgment granting custody of the children to the Respondent (father) and access to the Appellant (mother) "at holidays and as and when agreed b

Case Details

Suit Number:CA/L/146/2011
Judges:AMINA ADAMU AUGIE JCA JOSEPH SHAGBAOR IKYEGH JCA CHINWE EUGENIA IYIZOBA JCA
Counsel:Adekunle Ojo, Esq., with Miss Patience Okpiabhele and Chairman Okoloise, Esq. For the Appellant.

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The parties got married in August 1994, and had two Children - Oluwatunmise Elizabeth Mabinuori and Tolulope Steven Mabinuori. In 1997, the Respondent brought a Petition for dissolution of their marriage in Suit ID/219HD/98 and on 21/6/2000. Hon. Justice O. A. Adefope-Okojie, of the Lagos State High Court, dissolved the marriage and awarded custody of the Children to him, as follows-

"I grant custody of the children of the marriage to the Petitioner, with access by the Respondent [Appellant herein] to the children at holidays and as and when agreed by the parties".

But the Respondent denied the Appellant unsupervised access to the children, and only allowed her to see them at Clubs, Eateries, Hotel, and the Airport, etc. Unhappy with the situation, she filed an "originating Application brought pursuant to Sections 73(1) and 71(4) Matrimonial Causes Act - - Order 3 rules 1(5) and 4 Matrimonial Causes Rules; Order 3 High Court…

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