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(2021) JELR 109597 (CA)

Court of Appeal  •  CA/B/431/2016  •  19 Nov 2021  •  Nigeria

Biobele Abraham Georgewill, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA


ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal stems from the judgment of Hon. Justice A. N. ERHABOR of the High Court of Edo state, Abudu Judicial division, delivered on 20th July, 2016 wherein the petition of the Appellant was struck out for being incompetent and the cross-petition allowed.

The brief summary of the action is thus;

The Appellant filed a petition for a decree of dissolution of the marriage alleging that the said marriage has broken down irretrievably upon the grounds;

Since the marriage, the Respondent has behaved in such a way that the petitioner cannot be reasonably be expected to live with the Respondent.

That the Respondent has deserted the petitioner for a period of at least one year immediately preceding the presentation of this petition, the parties to the marriage have lived apart for a continuous period of at least one year immediately preceding the presentation of this petition and the Respondent does not object to a dec…

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