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(2003) JELR 87001 (CA)

Court of Appeal  •  CA/L/227/99  •  10 Apr 2003  •  Nigeria

Moronkeji Omotayo Onalaja, J.C.A. (Presided); Pius Olayiwola Aderemi, J.C.A. (Read the Leading Judgment); Christopher Mitchell Chukwuma-Eneh, J.C.A.


ADEREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Lagos State sitting in Lagos delivered on the 16th day of April, 1999 (Coram Sotuminu, J.) as she then was.

The facts of the case, in brief, are as follows:

The respondent who was the petitioner at the court below and the appellant, then the respondent, got married on the 10th of January, 1992 at the Marriage Registry, Ikoyi, Lagos in accordance with the Marriage Act. After the marriage, the couple co-habited in several places the last of which was 41B Cooper Road, Flat 4, Railway Compound, Ebute-Metta, Lagos. The marriage is blessed with a daughter and a son. The respondent moved out of the matrimonial home on 22nd May, 1995 and about 10 months thereafter precisely on the 8th of March, 1996, initiated a petition proceedings for the dissolution of the marriage. Final pleadings filed, with the leave of the court; and exchanged between the parties are the amended petition dated 2…

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