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Christopher Anyaegbunam v. Catherine Anyaegbunam

(1973) JELR 42067 (SC)

Supreme Court  •  SC.18/1973  •  19 Apr 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; ATANDA FATAYI-WILLIAMS JSC; DAN IBEKWE JSC;

Judgement

A. FATAYI-WILLIAMS, JSC (Delivering the Leading Judgment): In her amended petition dated 23rd day of December, 1971 the petitioner, now respondent, in suit No. E/16D171 brought in the Enugu High Court, prayed that she should be judicially separated from the respondent, now appellant. She also asked the court to grant her the custody of their two children, alimony pendente lite, and also secure sums by way of maintenance for herself and the said children. Paragraph one of the said petition reads

"1. That on the 28th day of January, 1961 the petitioner, then Catherine Agom Nwachukwu, spinster, was lawfully married to Christopher Donald Chukwuwike Anyaegbunam, bachelor (hereinafter called 'the respondent') in the Church of the Holy Name of Mary, Abatete, Idemili Division in the East-Central State of Nigeria."

Following the service of the amended petition on him, the respondent entered appearance "on protest." In compliance with the provisions of rule 14 (2) of the Matrimonial Causes Ruleā€¦

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