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FESTUS IBIDAPO ADESANOYE V. COMFORT MOROLAYE ADESANOYE

(1971) JELR 48055 (SC)

Supreme Court  •  SC.184/1970  •  15 Apr 1971  •  Nigeria

Coram
CHARLES OLUSOJI MADARIKAN JSC ADEMOLA ADETOKUNBO JSC UDO UDOMA JSC

Appearances
Akinrele For the Appellant; Chief Williams For the Respondent.

Judgement

ADEMOLA, C.J.N (Delivering the Leading Judgment): The appellant in this matter was the respondent in an undefended petition for dissolution of his marriage by the wife petitioner. It appeared he did not enter appearance nor filed a defence; his application for leave to stay the hearing was dismissed on the ground that the husband/respondent deliberately did not conform to the rules of court and in any case showed no intention to defend the petition. In the event, the petition was heard and a decree nisi was ordered. The appellant has not appealed against the dissolution of his marriage with the respondent but he has appealed against the orders made by the learned judge for custody of the children as well as their maintenance.

The orders made by the learned judge are as follows:

"I order a decree nisi, to be made absolute within three months from date. I award the custody of the two children of the marriage to the respondent. I also order that the respondent should be responsible for t…

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