CHIEF MRS. RITA NNENNA OFOMA V. CHIEF GABRIEL SUNDAY OFOMA J. P. & ANOR
(2013) JELR 35953 (CA)
Court of Appeal
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CA/B/45/2006
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15 Feb 2013
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Nigeria
Coram
HELEN MORONKEJI OGUNWUMIJU JCA;
SIDI DAUDA BAGE JCA;
AYOBODE OLUJIMI LOKULO-SODIPE JCA;
Appearances
For Appellant
I. I. Iloani for Co-Respondent.Emeka Etiaba Esq. for Respondent/Appellant.E. A. Nriapia Esq. for 1st Respondent/Respondent. For Respondent
Judgement
<p><strong>SIDI DAUDA BAGE, JCA (Delivering the Leading Judgment):</strong> This is an Appeal against the Judgment of Hon. Justice R.N. Pemu (Mrs.) (as he then was) sitting at High Court of Delta State, at Effurun Judicial Division, delivered on the 29th day of November, 2005 in which the Appellant was the Respondent. The Notice of Appeal filed by the Appellant to initiate this action is dated the 19th of January 2006 and contains nine (9) Grounds of Appeal.</p><p> The background facts to this action is as follows:</p><p> The Petitioner/Respondent filed a petition on 18th February 2005 praying the court for the dissolution of the marriage between the Petitioner/Respondent and the Respondent/Appellant. The Petitioner/Respondent alleged in his petition that the Respondent/Appellant left the Matrimonial home on 18th October 2002 in the absence of the Petitioner/Respondent. Without waiting for effluxion of the period of three years as provided in Section 15(2)(f) of the Matrimonial Causes Act LFN 2004, the Petitioner/Respโฆ</p>