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CHRISTIANA ABOSEDE WILLIAMS V. OLADAPO & ANOR IN RE OLAWALE ONILE - ERE

(1974) JELR 42626 (SC)

Supreme Court  •  SC.322/72  •  22 Mar 1974  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; ATANDA FATAYI-WILLIAMS JSC; GEORGE BAPTIST AYODOLA COKER JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In her amended Petition for the dissolution of her marriage to the respondent, the petitioner referred to one Olawale Onile-Ere in the title of her Petition as the "party cited". Not one word was, however, said about the party cited in her petition. Instead, she averred in paragraphs 18 to 21 thereof as follows:

"18. That on diverse occasions the respondent has committed adultery with one Jemila Danmole and other women.

19. That the respondent did not discharge his matrimonial duty and has callously neglected to maintain the petitioner and the children of the marriage.

20. On the 27th June, 1965, when the mother of the respondent came into the matrimonial home at Griffith Street, Ebute Metta she started abusing the petitioner and calling her all sorts of dirty names and finally ordered the respondent to drive the petitioner out of the said matrimonial home.

21. That the petitioner begged the respondent not to desert her but…

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