Udoka Jeremiah Ejiofor V. Ogochukwu Maria Ejiofor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice C. E. K. ANIGBOGU of the Anambra State High Court delivered on 27/6/2012.

The petitioner at the trial Court hereinafter called the Respondent filed a petition for the dissolution of her marriage with the Respondent who will now be referred to as the appellant.

The Respondent had claimed the following reliefs in paragraph 12 of the petition:

a) A decree of dissolution of the marriage between the petitioner and respondent conducted on the ground that the marriage has broken down irretrievably as a result of the cruelty of the respondent and the fact that the respondent has deserted the petitioner for a continuous period of at least one year, immediately preceding the presentation of this petition.

b) An order granting the petitioner continued custody of the only child of the marriage; Chioma Cassandra Ejiofor.

c) An order directing the respondent to pay the petitioner the sum of forty-five thousand naira (N45,000,00) Every month, for the care and maintenance of Chioma Cassandra Ejiofor, the child of the marriage

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in respect of her feeding, hospital bills/ health care, school fees/education and other expenses on her as may arise from time to time.

d) The sum of Four hundred and thirty four thousand, four hundred and sixty naira (N434,460,00) Only being and / or representing monies borrowed and expenses made by the petitioner during the course of her pregnancy, during her child delivery by caesarian section/operation, and other ante-natal and post-natal expenses. See page 3-7 of the records.

The appellant filed an amended answer and cross-petition wherein he claimed as follows:

a) A decree nisi of dissolution of the marriage of the parties but on the ground that the parties have lived apart for a period more than 2 years before the presentation of this petition.

b) Custody of the only child of the parties marriage Aileen Akuoma Ejiofor.

c) An order of the honourable Court directing that DNA test be conducted on the child of the marriage and that her birth be registered with the American Embassy in Nigeria.