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NKIRU JOY ODUCHE v. OBIEFUNA NDUBUISI ODUCHE

(2005) JELR 45248 (CA)

Court of Appeal  •  CA/A/70/2003  •  29 Jun 2005  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA ZAINAB ADAMU BULKACHUWA JCA OLABODE RHODES-VIVOUR JCA

Judgement

OLADOBE RHODES-VIVOUR JCA (DELIVERED THE LEADING JUDGMENT): The respondent commenced divorce proceedings against his wife, the appellant, before the High court of the Federal Capital Territory, holden at Gwagwalada, Abuja. He petitioned the court to dissolve his marriage with the appellant contracted on the 8th day of September, 1984. His ground for the petition was that the marriage had broken down irretrievably in that the appellant deserted him and committed adultery. The respondent further claimed for custody of the three children of the marriage, and an order directing the appellant to revert the new surnames given to the children by her in their various schools to their real surname - Oduche.

The appellant in her answer to the 2nd amended petition filed a further amended answer and cross petition seeking a dissolution of the marriage on the ground of living apart for a continuous period of three years, immediately preceding the presentation of the petition. In addition the return…

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