JIMI OLUKAYODE BADA, JCA (Delivering the Leading Judgment): This appeal emanated from the Judgment of Delta State Customary Court of Appeal holden at Warri in Appeal No. DCCA/35A/2010 - CHIEF VERO SMOOTH v. CHIEF TUNDE SMOOTH delivered on 13th day of July, 2011 wherein the appeal of the Appellant was dismissed.
The facts of the case are that the Petitioner married the Respondent under the Ijaw Native Law and Custom in 1984 at Okerenkoko in Warri South-West Local Government Area of Delta State.
Due to disagreement between the parties, the Respondent instituted an action against the Appellant in the Customary Court of Delta State of Nigeria in the Warri South-West Area Customary Court, holden at Ogbe-Ijoh, and by a Further Amended Petition for dissolution of Customary Law Marriage, the Petitioner/Respondent claims against the Appellant/Respondent as follows: -
(1) Dissolution of the Customary Law Marriage the Petitioner contracted with the Respondent sometime in the year 1984 at Okerenkoko…