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ADA MOMAH v. CHUKA MOMAH

(2017) JELR 37746 (CA)

Court of Appeal  •  CA/L/51/2015  •  11 May 2017  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Ruling of High Court of Lagos State, sitting in the Ikeja Division delivered on October 22, 2014 in Suit No ID/61HD/2010 in which the Appellant as respondent in a divorce petition was foreclosed in her absence, her Counsel having withdrawn representation for her.

The Respondent as petitioner had instituted the petition for dissolution of his marriage to the Appellant on the ground that the said marriage had broken down irretrievably. The Respondent also sought unfettered access to the two children of the marriage. At the close of the Respondent's case, the hearing of the petition was adjourned to March 13, 2014 for the Appellant to open her defence. The next date the matter came up on record was September 30, 2014. On that date, Counsel for the Appellant sought an adjournment for Appellant to open her case, which the learned trial Judge granted. The matter was adjourned to October 22, 2014. On theā€¦

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