ESTHER MUELLER V. WERNER MUELLER

JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): As extant in Exhibit A, certificate of marriage, the parties herein got married at the Port Harcourt City Council, on 6th June, 1989. When the marriage headed for the rock, the Respondent petitioned and prayed, inter alia for the dissolution of the marriage and equitable partition of properties jointly owned. The Appellant reacted and prayed for dismissal of the petition. She also cross-petitioned for a dissolution of the marriage. Both petitions were heard at the High Court of Justice, Port Harcourt, Rivers State of Nigeria.

On 20/12/99, the learned trial Judge made an order of decree nisi dissolving the marriage. This was followed with an order partitioning the matrimonial property. The Appellant was ordered to return two generators to the Respondent, though the Respondent admitted that the generators had been returned. As manifest on Page 140 of the record of appeal, the drawn up order in respect of the judgment was sig…