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ALICE WOKOMA V. DONALD BENIBO WOKOMA

(2020) JELR 110251 (CA)

Court of Appeal  •  CA/A/1169/2018  •  21 May 2020  •  Nigeria

Coram
Stephen Jonah Adah JCA Yargata Byenchit Nimpar JCA Mohammed Baba Idris JCA

Appearances
P.C. ASHUIKEKA ESQ. For the Appellant; EKO EJEMBI EKO ESQ., with him, O. N. BAMISAYEMI ESQ. For the Respondent.

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Federal Capital Territory delivered on the 5th October, 2018; Coram Hon. Justice Bello Kawu wherein the Court below dissolved the marriage between the parties. The Appellant dissatisfied with the decision on the ground that her Cross Petition was not considered, then filed this Appeal. The Notice of Appeal was amended, dated and filed on 22nd October, 2018 setting out 4 Grounds of Appeal.

​Facts relevant to this Appeal are amenable to brevity. I shall state them here. The suit was a petition for dissolution of Marriage and custody of children of Alice Wokoma (Appellant) who was the Respondent in the lower Court and Donald Benibo Wokoma (Respondent) was the Petitioner at the Trial Court. The Appellant, prior to the hearing and determination of the petition filed a Motion on Notice for the custody and maintenance of the children pending the determination of the Peti…

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