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ANN OKWUCHUKWU MENAKAYA V. DR. TIMOTHY N. MENAKAYA

(2001) JELR 44260 (SC)

Supreme Court  •  SC.169/96  •  28 Sep 2001  •  Nigeria

Coram
MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; SAMSON ODEMWINGIE UWAIFO JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

MOHAMMED, JSC (Delivering the Leading Judgment): This appeal came up for hearing on Tuesday the 3rd of July, 2001. After reading the briefs of argument and hearing the oral submissions of counsel this court unanimously allowed the appeal and dismissed the cross-appeal filed by the petitioner. This court, thereafter ordered that the petition and cross-petition be reheard de novo before another judge of the High Court of Anambra State. I then reserved my reasons for the judgment till today. I now give my reasons.

The petitioner, Dr. Timothy Ndubisi Menakaya was lawfully married to the respondent, Ann Okwuchukwu Menakaya on 21st July, 1979 at the Marriage Registry, Barnet, London, England. The couple cohabited at Barnet, London, England and Onitsha. There are three children of the marriage, Chinyelu Uchechukwu, born in June 1980, Chinedu Obiora, born in January, 1982 and Obianuju Ifeoma born in October, 1983.

On the 15th of January, 1993 Dr. Timothy Menakaya, hereinafter referred to as …

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