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MRS. ABIMBOLA MERCY ODUWAIYE v. ENGR. OLUKAYODE ADETUNJI ONAKOMAIYA & ANOR

(2017) JELR 37299 (CA)

Court of Appeal  •  CA/IB/186/2011  •  4 Dec 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; CHINWE EUGENIA IYIZOBA JCA; NONYEREM OKORONKWO JCA;

Judgement

MONICA BOLNAAN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice of Oyo State, Ibadan Division, delivered by Hon. Justice M. I. Abimbola. The subject matter is a judicial review by way of an order of certiorari against the proceedings and judgment of the Idi-Ope Grade C Customary Court of Eleyele, Ibadan in suit No: 03/2010 between Abimbola Onakomaiya v. Mr. Olukayode Onakomaiya. At the end of the trial, the Court quashed the order granted to the Appellant and also grant injunction restraining the Appellant from disturbing the custody of Miss Olukanyisola Onakomaiya.

The grouse of the Appellant is that the order quashing the Idi Ope Grade C Customary Court Judgment of 19th October, 2010 was wrong and that the grant of the custody of Olukanyisola Onakomaiya to the Appellant was wrongly done too. Dissatisfied, the Appellant appealed against the judgment delivered on the 7th day of April, 2011.

Appellants Brief

The …

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