Charles Owologbo Ugbotor V. Florence Mamuromu Ugbotor (2006)

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PIUS OLAYIWOLA ADEREMI, J.C.A,

This is an appeal against the judgment in Suit No. HOR/19/2002: Florence Mamuromu Ugbotor and Charles Owologbo Ugbotor by the High Court of Delta State, sitting at Orerokpe delivered on the 17th of December 2002. The petitioner (hereinafter referred to as the respondent) had by the endorsement on her petition claimed against the respondent (hereinafter referred to as the appellant as follows:-

(1) A decree of dissolution of the marriage contracted on the 30/1/93 between the Petitioner and the respondent hereon on the ground of:-

(a) Cruelty

(b) Incompatibility

(c) Adultery and Intolerability.

On the other hand, the appellant who was the cross-petitioner in the Court below, in his process captioned ANSWER AND CROSS-PETITION, Cross-petitioned claiming as follows: –

“(1) An order dismissing the petition

(2) A decree of the dissolution of the marriage on the grounds that since the marriage the cross-respondent has behaved in such a way that the cross-petitioner cannot reasonably be expected to live with the cross-respondent any longer.”

After the exchange of the petition and answer cum cross-petition between the parties, the case proceeded to hearing. In a reserved judgment delivered on the 17th of December 2002, the learned trial judge, in ordering the dissolution of the marriage held inter alia: –

“It is my believe (sic) that the respondent’s misbehaviour stemed (sic) mainly from the fact of the seven-year childlessness of the marriage. I believe the respondent has a child with the Jeddo girl friend and also with a girl at Sapele all to show and prove his fertility and was therefore not interested in subjecting himself to fertility tests in the various hospitals the petitioner had to go for tests and treatment.

I also believed (sic) that the childlessness of the petitioner also resulted in the endless quarrels and ill treatments of the petitioner as if she is responsible for her predicament. Rather than have patience and faith in God, the respondent went to town to prove his own fertility. From the fore-going, there is no doubt that the marriage has broken down irretrievably and in the circumstances I dissolve the marriage contracted on 30/1/93 between the petitioner and the respondent hereon on the grounds as presented by the petitioner as follows:-

(a) Cruelty

(b) Incompatibility