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FOLASHADE TOLULOLA AJAYI v. DR. ADEDAYO BENEDICT AJAYI

(2014) JELR 33520 (CA)

Court of Appeal  •  CA/EK/113/2013  •  25 Feb 2014  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; FATIMA OMORO AKINBAMI JCA;

Judgement

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): The Respondent herein who is the Petitioner at the High Court of Ekiti State sitting at Ikere Ekiti, (henceforth to be referred to as 'the lower court') sought for an Order for a Decree of Dissolution of the marriage between him and the Appellant herein on the Ground that the marriage has broken down irretrievably.

That Petition is still pending before the lower court. However, by a Motion on Notice dated 4th April, 2013 and filed on the 11th April, 2013, the Appellant asked the lower court to transfer the Petition from the lower court to the High Court of Oyo State, Ibadan Judicial Division where the marriage between the parties was contracted. That Motion which was supported by an eight (8) paragraphs Affidavit and a nine (9) paragraphs Counter Affidavit in opposition, was heard on the 30th day of April, 2013. In a considered Ruling delivered on the same day, Adeleye, J., refused the Application and ordered for expeditiou…

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