Prince Amah V. Mrs. Victoria Amah (2016)

LawGlobal-Hub Lead Judgment Report

IGNATIUS IGWE AGUBE, J.C.A.

 In the High Court of Abia State of Nigeria, in the Aba Judicial Division, Holden at Aba, the Appellant as Petitioner initiated a Petition dated 20th day of May, 2008 but filed on the 21st May, 2008 whereof he sought for the following Reliefs:
?I. A Decree of Dissolution of marriage between the Petitioner and the Respondent on the grounds and facts set out above and in particular that the marriage has broken down irretrievably.
?II. Such further Order or Orders as the Honourable Court may deem fit to make in the Records. See page 5 of the Records.

As for the facts relied upon by the Petitioner, as constituting the Grounds that the marriage had broken down irretrievably as stated as well as the reason for which cohabitation between the Petitioner/Appellant and Respondent had ceased, the Petitioner alleged that the Respondent has always behaved in such a manner that the Petitioner/Appellant found it intolerable to live with her in that since October, 2006, following the Respondent?s usual persistent nagging, quarreling and fighting e.g. the Respondent

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threatened to kill the Petitioner by poisoning or other diabolical means, and making reference to the Petitioner as a stark illiterate, Furthermore:-
?1. The Respondent has behaved in such an intolerable way that the Petitioner cannot be expected to live with her.
?II. The marriage has been characterized by irreconcilable differences, which have lasted from the beginning of the marriage till now, and all efforts towards meaningful reconciliation by mutual family friends, respected dignitaries , intimate relations, proved most unsuccessful.
?III. The Respondent had been most unrepentantly and intransigently quarrelsome, disgraces the Petitioner?s friends and relations with her intolerable behaviors. She is also most unreasonable domineering, naggy, violently, cruel, highly cantankerous, evil tempered, fights and assaults the Petitioner regularly.
?IV. The Respondent regularly patronizes and consults Native Doctors and or Witch Doctors to prepare charms or other harmful concoctions have been hidden by her in Petitioner?s residence at the Village or mixed in Petitioner?s food, water, drinks, pomades,

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clothes and other wears etc.
?V. The Respondent has no genuine love for the Petitioner and expresses this by constantly reminding the Petitioner that she is just managing him as they are not of the same class.
?VI. The Respondent has threatened openly on several occasions to kill/murder the Petitioner by poisoning or other diabolical means?. See page 4 of the Records.

The Petitioner also pleaded that he had not condoned or connived at the grounds specified above, and was not guilty of collusion in presenting the Petition and that he is an ardent Christian who had been responsible for the feeding, accommodation, upkeep; Medical expenses, etc and general welfare of the only child of the marriage then one year and two months who he Petitioner/Appellant conceded the Respondents should custody until she was three (3) years old.

The Petition was supported by a verifying Affidavit of three paragraphs deposed to by the Petitioner; Certificate Relisting to Reconciliation wherein it was disclosed/Certified by the legal Practitioner representing the Appellant as Petitioner that he had brought it to the knowledge and attention

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of the Petitioner the provisions of the Matrimonial Causes Act relating to reconciliation of the parties to the marriage and approved marriage guidance organization reasonably available to assist in effecting a reconciliation between the Petitioner/Appellant and the Respondent being effected either or without the assistance of such an organization.

Also exhibited as accompanying the Petition, was the Marriage Certificate evidencing that on the 15th of April, 2006 the Petitioner/Appellant Brother Prince Ezesinachi Amah and Sister Victoria Egbo solemnized the marriage at the Faith Tabernacle Consecration, 191-195 Azikiwe Road, Aba, Abia State.

Upon being served with the Petition and other Originating Processes, the Respondent through her Counsel K. U. Awo Esq; filed an Answer to the Petition on the 16th of July, 2008 denying most of the allegations therein and asserted that the Petitioner after filing the Petition had refused to provide for his child and wife and she (the Respondent) had made all strenuous efforts at reconciliation and was rebuffed by the Petitioner/Appellant who refused the Respondent any chance and Respondent did not want the marriage

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