MRS FRANCISCA BALONWU V. MR. PATRICK BALONWU
(2002) JELR 51366 (CA)
Court of Appeal
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CA/L/127/2001
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18 Feb 2002
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Nigeria
Coram
GEORGE A. OGUNTADE, JCA (Presided and Read the Lead Judgment) PIUS OLAYIWOLA ADEREMI, JCA AMIRU SANUSI, JCA
Appearances
Mr. C. O. Akpamgbo, SAN (with him, Mr. C.Okoli, Esq.) - for the Appellant.
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Mr. O. O. Oshisanya, Esq. (with him, Mr. P. Omolodun, Esq.) - for the Respondent .
Judgement
<p><strong> OGUNTADE, JCA (Delivering the Lead Judgment): </strong> The appellant was A the respondent in a divorce proceeding at the Ikeja High Court in suit No. ID/155HD/200; and the respondent was the petitioner. In order to avoid confusion in the description of parties, I intend in this judgment to refer to the parties by the description they bore before the lower court i.e. the appellant as the respondent and the respondent as the petitioner. On 16th August, 2000, the petitioner filed a petition for the dissolution of his marriage with the respondent. The petition was served on the respondent by substitution i.e. by sending same through DHL Courier Service. In accordance with the applicable court Rules the respondent by a counsel, Mr.</p><p>Afam Iluonoh of <em> Afam Ilounoh and Co. </em> of 24B Old Market Road, Onitsha filed an answer to the petition. The said counsel also filed a notice of hisappointment as respondent’s legal Practitioner pursuant to Order 23 rule 9(1) of the Matrimonial Causes Rules. However, a t…</p>