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WILLIAMS
V.
OLADAPO & ANOR IN RE OLAWALE ONILE - ERE

(1974) JELR 42626 (SC)

Supreme Court 22 Mar 1974 Nigeria
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Case Details

Suit Number:SC.322/72
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A. Williams (Miss T.O.E. Kuye with him) for the Party cited(Mr. Olawale Onile-Ere). For Appellant Mr. A. Osipitan (for Mr. Adewole) for the Respondent. For Respondent
Other Citations:(1974) All N.L.R 454 In Re Olawale Onile - Ere (1974) 3 S.C. 60

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In her amended Petition for the dissolution of her marriage to the respondent, the petitioner referred to one Olawale Onile-Ere in the title of her Petition as the "party cited". Not one word was, however, said about the party cited in her petition. Instead, she averred in paragraphs 18 to 21 thereof as follows:

"18. That on diverse occasions the respondent has committed adultery with one Jemila Danmole and other women.

19. That the respondent did not discharge his matrimonial duty and has callously neglected to maintain the petitioner and the children of the marriage.

20. On the 27th June, 1965, when the mother of the respondent came into the matrimonial home at Griffith Street, Ebute Metta she started abusing the petitioner and calling her all sorts of dirty names and finally ordered the respondent to drive the petitioner out of the said matrimonial home.

21. That the petitioner begged the respondent not to desert her but…

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