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MR. UDUAK ETIM OKON v. MR. EKAETTE UDUAK OKON

(2016) JELR 41134 (CA)

Court of Appeal  •  CA/C/112/2013  •  16 Nov 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; MOJEED ADEKUNLE OWOADE JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

MOJEED ADEKUNLE OWOADE, JCA(Delivering the Leading Judgment): This is an appeal against the decision of B. F. Etuk, J of the High Court of Justice, Akwa Ibom State in the Oron Judicial Division delivered on 17th day of December, 2012.

The Appellant who was Petitioner in the Court below filed a petition for divorce against the Respondent on 22/11/2010. The Appellant as Petitioner applied to the Court on 6/1/2011 to set the petition down for hearing as undefended petition. The Learned trial Judge proceeded to try the petition and took evidence from the Petitioner only as PW1. When again the Respondent did not respond to service of processes on her, Appellant's counsel was called upon to address the Court.

The Learned trial Judge delivered Judgment in the petition on 17/12/2012 and therein struck out the petition of the Appellant Petitioner. The reasoning of the Learned trial Judge in striking out the petition would be found at pages 30-31 of the record of appeal which I quote extensively …

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