Mr. Adeleke Adejumo V. Mrs. Toyin Adejumo (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivered the Leading judgment

This Appeal is against the decision of the High Court of the Federal Capital Territory Abuja delivered by O.O. Goodluck J. dated 18th February 2008. The fact of this case in brief is that the Petitioner married the Respondent at the Immanuel Baptist Church, Akeetan, Oyo State on the 4th June, 1994. From that date, they lived together as man and wife in Flat 11, Block 2, Section 2, Badagry Street in Area 2, Abuja.

In December, 2002, the Respondent brought in a woman to live with them in their matrimonial home in a relationship which according to the Petitioner bore the semblance, of a “marital relationship”. The trio could not live together amicably, life became unbearable for the Petitioner who found her matrimonial home unconducive. The Petitioner alleged that she was occasionally physically and verbally assaulted by the Respondent besides, financial assistance from the Respondent was grounded to a halt hence she had to cater for herself and the only issue of the marriage.

On 31st January 2003 the Petitioner moved out of the matrimonial home for the sanity of her child and herself and has since been continuously living apart from her husband.

The Petitioner by her Amended Petition dated 14th March 2006 prayed the lower Court for the following reliefs against the Respondent:-

“(a) A decree of Dissolution of marriage on the grounds of cruelty, desertion for at least one year and having lived apart for a period of three years.

(b) An Order awarding the Petitioner custody of the child of the marriage.

(c) Maintenance Order for the Petitioner and the child of the marriage.”

The Respondent filed an answer dated 31st May, 2006 in which he denied all the averments of the Petitioner other than the fact that they were lawfully married.

He denied ever marrying another woman nor did he bring any woman into their matrimonial home. He alleged that the Petitioner was persistently quarrelling with his two daughters of his previous marriage and that her departure from their matrimonial home according to the Respondent was Petitioner’s unilateral decision.

The lower Court in its judgment delivered on 18th February, 2008 granted all the three reliefs sought by the Petitioner and made the following Order for the maintenance of the Petitioner and the child of the marriage:-

“1. The Respondent is hereby ordered to pay the sum of N40,000.00 (Forty Thousand Naira) per quarter towards the upkeep of the only child of the marriage. Respondent is further ordered to pay the sum of N25,000.00 (Twenty five Thousand Naira) per term for Oluwaseyi’s school fees. He shall be financially responsible for her education up to tertiary level,

2. The Respondent should pay N20,000 (Twenty Thousand Naira) per quarter for the maintenance of the Petitioner such payment is to cease in the event that she remarries.

The annual rent of N130,000.00 (One Hundred and Twenty Thousand Naira) paid by the Petitioner must be jointly borne by the two parties.

The Respondent shall be liable to pay the sum of N65,000.00 (Sixty five Thousand Naira) per annum towards the Petitioner’s house rent provided she remains unmarried to another man.”