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VERONICA NNEKA N. IBEZIAKO V. PROFESSOR STEPHEN M. IBEZIAKO

(2016) JELR 36801 (CA)

Court of Appeal  •  CA/E/468/2012  •  13 May 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment); This is an interlocutory appeal against the ruling of HON. JUSTICE G. C. ANULUDE of the Anambra state High Court delivered on the 31st day of October, 2012.

The petitioner before the High Court hereinafter called the respondent filed a petition dated 10th July, 2009 for dissolution of the marriage between him and the respondent hereinafter referred to as the appellant.

The respondent sought and claimed the following reliefs:

1. A decree of dissolution of the marriage.

On the following grounds:

a) That the marriage had broken down irretrievably

b) That since the marriage, the respondent had behaved in such a way that the petitioner cannot reasonably be expected to live with her.

c) That the petitioner and the respondent have been living apart for a continuous period of at least 3 years immediately preceding the presentation of this petition.

The respondent then filed a reply and answer to the cross petition dated and filed o…

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