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PASTOR MATTHEW ALABI BANKOLE V. MRS. VICTORIA ANIKE BANKOLE

(2012) JELR 57716 (CA)

Court of Appeal  •  CA/I/211/2006  •  3 May 2012  •  Nigeria

Coram
STANLEY SHENKO ALAGOA (OFR) JCA (Presided) ADZIRA GANA MSHELIA JCA (Read the Lead Judgment) MODUPE FASANMI JCA

Judgement

MSHELIA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Majekodunmi J of the High Court of Justice Sagamu, A Ogun State delivered on 9 March 2006. The facts leading to this appeal are that the petitioner/appellant instituted divorce proceedings against the respondent at the High Court of Sagamu, Ogun State on the ground that the marriage has broken down irretrievably. At the expiration of 28 days allowed to the respondent to file her answers to the petition, the petitioner brought an application to have the suit set down for hearing as an undefended suit. Hearing commenced on 1 February 2006, when petitioner gave evidence on his own behalf. It was later adjourned to enable the petitioner tender his marriage certificate, as the one tendered was according to the court a photocopy. At the resumed hearing on 9 March 2006, petitioner tendered the original certificate which the court rejected on the ground that being a public document, only the certified true…

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