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MR. TOBIAS C. OKORO V. MRS. BERNADINE NKECHI OKORO

(2009) JELR 50924 (CA)

Court of Appeal  •  CA/PH/407/07  •  28 Oct 2009  •  Nigeria

Coram
SULEIMAN GALADIMA JCA (Presided) KUDIRAT M. O. KEKERE-EKUN JCA (Read the Lead Judgment) EJEMBI EKO JCA

Appearances
R. O. Nweze, Esq., - for the Appellant. -*- Chief E. C. Izuehie (with him, M. O. Azike) - for the Respondent.

Judgement
<p class="ql-align-justify"><strong> </strong><strong><span style="background-color: transparent">KEKERE-EKUN JCA (DELIVERING THE LEADING JUDGMENT): </span></strong><span style="background-color: transparent">By a petition dated 25 October 2004 filed before the High Court of Rivers State, Port Harcourt Division, the appellant herein as petitioner sought a decree for judicial separation of the marriage between him and the respondent. However, pursuant to an order of court made on 1 March 2006, he filed an amended petition dated 6 March 2006, wherein he amended the relief sought from judicial separation to dissolution of his marriage to the respondent. The grounds for the relief were: that since the marriage the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with her; and that the respondent has deserted the petitioner for upwards of three years immediately preceding the presentation of the petition as amended. He sought the following orders:</span></p><p class="ql-align-justify"><span style="background-color: transparent">(a) A decree of dissolution of the marriage. b. An order that the respondent keep all the properties of the petitioner that she carried away. c. An order …</span></p>

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