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MRS. CHARITY OKAFOR v. MR. PAUL OKAFOR

(2016) JELR 36948 (CA)

Court of Appeal  •  CA/K/248/2015  •  4 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA ISAIAH OLUFEMI AKEJU JCA IBRAHIM SHATA BDLIYA JCA

Judgement


IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): On or about the 28th of May 2005, Paul Okafor (the respondent) and Charity Okafor (the appellant) got married under the Tiv Native Law and Custom in Vandekiya Local Government Area of Benue State. They lived together at the Okafor Close, Mahuta Kaduna up to the 16th of May 2014 when the appellant left the matrimonial home without the consent of the respondent. Thereafter, the marriage broke down resulting to their living apart. There are 2 children of the marriage, Precious Onyinye Okafor, 8 years, and Favour Chinyere Okafor 5 years, both female.

The respondent as the petitioner initiated an action against the appellant as the respondent before the Sabon Tasha Customary Court (the trial Customary Court) claiming the custody of the two (2) children of the marriage. After the taking of evidence and addresses of counsel, the trial Court delivered its judgment on the 19th of December, 2014, in favour of the appellant, that is …

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