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(2021) JELR 109600 (CA)

Court of Appeal  •  CA/IB/221/2017  •  30 Mar 2021  •  Nigeria

Jimi Olukayode Bada, JCA Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA


UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Respondent herein instituted proceedings before the High Court of Ogun State in SUIT NO. AB/68/2013: OMOBOLANLE ADENIKE OGUNNUBI v. OLADAPO OLUFUNLAYO OGUNNUBI. In the said proceedings, the Respondent claimed a relief for the dissolution of her marriage to the Appellant herein, and other sundry reliefs for maintenance, custody of the children of the marriage and settlement of property.

The parties filed and exchanged pleadings and the matter proceeded to trial. The Respondent testified in proof of her Petition and she was duly cross examined by the Appellant’s counsel. The Appellant did not testify and did not call any witness. At the end of the trial, the lower Court entered judgment in favour of the Respondent in the following terms:-

“On the whole, this Court finds and Orders as follows:-

(i) The marriage between the Parties herein contracted on 30/12/95 at the Methodist Church, Festac, Lagos, Nigeria has broken d…

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