Effiong Asuquo Omon & Ors V. Mrs. Rosemary Eyo Effiong Omon (2003)

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SIMEON OSUJI EKPE, J.CA. 

This is an appeal against the ruling of Effiong, J. delivered on 30/3/2001 at the Calabar Division of the High Court of Cross Rivers State in suit No. HC/MSC.52/2001.

The respondent herein as plaintiff in the court below initiated the proceedings against the defendants, now appellants leading to this appeal by motion ex parte filed on 19/3/2001, and prayed that court for the following:
“1. An order restraining the 1st and 4th defendants from attempting to contract any form of marriage whether customary or English whilst the marriage between the plaintiff and the 1st defendant still subsists.

2. An order of interim injunction restraining the 2nd and 3rd defendants from arranging for any form of marriage between the 1st defendant and the 4th defendant or any other person without first of all, dissolving the earlier marriage between the plaintiff and the 1st defendant.

3. And for such further order(s) as this honourable court may (sic) deem fit to make in the circumstance.”

The motion ex parte is supported by an affidavit of 23 paragraphs sworn to by the respondent. It is reproduced hereunder as follows:
“1.That by my position aforestated, I am conversant with the facts of this case.

2.That I am the plaintiff/applicant and the deponent to this affidavit.

3.That I am the legal wife of the first defendant on record.

4.That the first defendant on record is a Nigerian of Efik descent in Cross River State who resides in the United States of America.

5.That in 1990, precisely 8/12/90 the plaintiff was given out in marriage to the 1st defendant on record in a well celebrated ceremony and in line with the Efik custom and tradition, the invitation card/programme for the ceremony are attached herein as exhibits A-A1.

6.That on the same date this same marriage was blessed in the Sacred Heart Cathedral, Egerton, in Calabar with members of both families and the public in attendance. The invitation cards printed and paid for by the 1st defendant is attached herein as exhibit ‘B’.

7.That the rush to do this marriage on the same day was to enable the 1st defendant to travel back to the USA since he was already out of time.

8.That after these forms of marriage were contracted, the 1st defendant travelled back to the States with an arrangement which will enable the wife join him in the States.

9.That the processes for plaintiff acquiring her international passport and visa had reached an advanced stage before they were frustrated by the 1st defendant who could not furnish the embassy with her bank or account number.